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What is a partial arrangement? - Restructuring law

A partial arrangement is an agreement that may be concluded with only some of the creditors or a group of creditors that allows for the restructuring of those claims that have a major impact on the continued operation of the company. A partial arrangement may only be concluded as part of two restructuring procedures - the arrangement approval procedure and the accelerated arrangement procedure.

The claims covered by the partial arrangement must be distinguished on the basis of a clear, objective and economically justifiable criterion. These may be, in particular, claims:

  • from financing activities through loans, credits;
  • on account of essential contracts, e.g. leases, rents, supplies;
  • largest by volume;
  • from public-law debts, e.g. social security contributions or taxes
  • secured by mortgage, pledge, registered pledge

Proceedings shall only cover and be conducted in respect of a part of the isolated claims enabling the entrepreneur uninterrupted continuation of the remaining business and cooperation with counterparties not covered by the agreement. This is a solution for companieswho need to restructure only selected liabilities and fear negative repercussions from permanent collaborators in the case of comprehensive proceedings.

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9+
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100+
proceedings

1000+
customers

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