The admissibility of special pre-emptive rights in the event that a creditor compulsorily executes (seizes) a share of a shareholder or a shareholder becomes insolvent has long been...

Back in 2020, the European Commission announced in the Capital Markets Union Action Plan the launch of an initiative on legislative or non-legislative measures...

The COVID-19 pandemic has placed countries across the globe in unknown territory.

In a recent ruling, the Austrian Supreme Court has defined de facto managing directors and their obligations and liabilities in connection to wrongful trading.

Rautner Attorneys-at-Law is pleased to announce that it has just published a new English translation of the Austrian Insolvency Code.

The Hungarian Parliament has adopted a new legal regime setting out debt settlement procedures for private individuals.

On 1 July 2021, comprehensive amendments to the Austrian Execution Code (EO) will enter into force.

Following the opening of insolvency proceedings, the insolvency receiver typically tries to enlarge the insolvency estate by asserting voidance claims.

The Austrian Supreme Court has recently found that insolvency related avoidance claims can be sold.

Mit 1.7.2021 treten weitgehende Änderungen der Exekutionsordnung (EO) in Kraft.

The Austrian Insolvency Code provides for the possibility to challenge certain disadvantageous transactions carried out by the debtor after material insolvency has occurred, especially if the creditor knew or should have known of its debtor's material insolvency.

On 28 June 2017 the Austrian Parliament passed the government's legislative proposal on insolvency law (Insolvenzrechtsänderungsesetz 2017).

A financial crisis and situations where insolvency is imminent are not only challenging for a company and its management, but also entail significant liability risks for management in the case of subsequent insolvency proceedings.

NFTs are a hot topic, but their treatment under insolvency law – which will receive more attention due to the recent crisis – has not yet been explored in much detail.

Shareholders of Austrian limited liability companies usually want to have influence over whom they are associated with.

Shareholders of Austrian limited liability companies ("GmbH") often stipulate the right to purchase the shares of co-shareholders in certain events.

As a result, insolvency proceedings in this sector involve the interaction of insolvency law, agricultural land transfer regulations...

As an attorney working in restructuring, I hear a recurring complaint from bank's restructuring departments: "Debtors admit financial difficulties far too late.

As a measure against the economic crisis the Austrian legislator has prepared a reform of the Austrian Insolvency Law. The motto is "restructuring instead of ruining" ("Sanieren statt Ruinieren").

The proposal includes, inter alia, provisions protecting new and interim financing in restructurings.