This Month in German Startups - Covid19 Flash - Changes to Insolvencis in Germany

Covid 19 Coverage of Startuprad.io 

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WelcomeWelcome to the 2nd episode of our special covid19 coverage for the German startup scene. This is a special issue with an attorney at law Tim, focusing on special legislation in Germany for the shutdown of public life and the consequences for a business. 

Our GuestTim Wullbrandt (Attorney at Law) http://www.wullbrandt-rechtsanwaelte.de/heidelberg-based-law-firm-experienced-attorneys-for-criminal-defense-family-law-insolvency-law-in-germany/ 

Article by Tim (German) about the new legal rules:

Neue Gesetze wegen Corona-Krise - was ändert sich? https://buff.ly/2xltPp4 

Our ScopeEverything we discuss here only holds true in GERMANY since Startuprad.io is focused here. The rules, laws, and regulations do not apply anywhere else. 

Give us FeedbackReach out to us, here is our audience survey, to give us feedback, suggest topics, interview partners or just to say “Hallo!” https://forms.gle/mLV6mVKwGwKuut8BA 

Find the host here:

Jörn “Joe” Menninger joe@startuprad.io / Twitter  / LinkedIn / Video Interview (2018)

Keep in mind, there are many people out there looking for help AND THERE WILL BE SCAMMERS, so validate your sources, start from associations and government pages. Be wary of potential scams. 

There is an explicit warning on the official portal for insolvency filings in Germany - Insolvenzbekanntmachungen https://buff.ly/2J7RM62 

Normal insolvency filings and proceedingsReasons for insolvencyInsolvency / IlliquidityImminent illiquidity (time frame unclear)Overextension, you have more depth than assets Insolvency applicationExamination of applicationOpening of insolvency proceedings 

Upfront tax payments / prepaid taxes https://www.sapling.com/8419090/prepaid-taxes 

Shareholder loans https://www.financierworldwide.com/shareholder-loans-under-german-insolvency-law#.Xno2T4hKhhE 

Special about this situation with Covid19, as of March 2020Here is the link to the current bill/draft law on the homepage of the German Federal Ministry of Justice https://www.bmjv.de/SharedDocs/Gesetzgebungsverfahren/DE/FH_AbmilderungFolgenCovid-19.html

Content:

Under certain conditions, there is no obligation to file for insolvency until September 30th, 2020. 

There is a restriction for termination of rental contracts (think offices)

There is also relaxation for decision making for legal entities 

⇒ Talk to your lawyer about it!

The Video Interview (published March 24th)