Advising shareholders

We support shareholders throughout the restructuring process of their investment. Comprehensive. Value-driven.

Overview

Dr. Knapp has provided legal guidance on numerous restructuring processes, including from the shareholders’ perspective, conducted analyses of options for a suitable “exit” for the shareholders, and successfully implemented the identified measures.

Our range of advisory services for shareholders includes, in particular:

Legal review and implementation of operational and financial restructuring and turnaround measures for your participation [further details under corporate restructuring]
Review and structuring of shareholder contributions as part of a restructuring process for your participation (corporate capital and structural measures, such as capital increases, shareholder loans, security interests, letters of comfort, and subordination agreements)
Evaluation of the legal risks for shareholders in the event that the restructuring of their participation fails
Legal assessment of the available options for terminating the shareholding relationship as part of an “exit option analysis” by evaluating the risks and feasibility of a structured M&A process, a solvent liquidation, and a liquidation under insolvency proceedings
Defense against claims arising from insolvency avoidance claims (Insolvenzanfechtungsansprüche) and other insolvency-related claims
Assertion and enforcing shareholder rights during the crisis and insolvency of the company in which they hold a stake

Further Information

Shareholders regularly consider options for restructuring their company during a crisis in order to preserve its economic value in the shareholders’ best interests.

There may also be situations in which fundamental strategic and/or economic considerations require a decision on the best way for a shareholder to exit the investment.

While restructuring typically requires not only the analyses and measures associated with general corporate restructuring and reorganization consulting but also an assessment of the risks to shareholders in the event that the restructuring fails, as well as the structuring of shareholder contributions, the focus of an “exit option analysis” lies in evaluating the risks and feasibility of a structured M&A process, a solvent liquidation, and a liquidation within the framework of insolvency proceedings.

Naturally, we also assist shareholders in defending against any potential insolvency avoidance claims and other insolvency-specific claims, as well as in asserting and enforcing their rights during the crisis and insolvency of their investment.