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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