[eu]cite

Home› Insolvency Law› InsO (EN)

Part 2 · Opening of insolvency proceedings. Recognised assets and parties to proceedings  ›  Division 1 · Conditions and procedure for opening of proceedings › Section 13a

Request to establish group jurisdiction

(1) A request pursuant to section 3a (1) must include the following information:

1.  the name, registered office, business purpose, balance sheet total, sales revenues and the average number of employees in the last business year of the other members of the group of companies which are not merely of subordinate importance for the group of companies; the same information is, as a rule, to be provided in respect of the other members of the group of companies;

2.  the reasons why concentrating the proceedings before the insolvency court seized of the matter is in the creditorsʼ common interest;

3.  whether continuing or restructuring the group of companies or a part thereof is envisaged;

4.  which members of the group of companies are institutions within the meaning of section 1 (1b) of the Banking Act (Kreditwesengesetz), financial holding companies within the meaning of section 1 (3a) of the Banking Act, capital management companies within the meaning of section 17 (1) of the Investment Code (Kapitalanlagegesetzbuch), payment services providers within the meaning of section 1 (1) of the Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz) or insurance companies within the meaning of section 7 no. 33 of the Insurance Supervisory Act (Versicherungsaufsichtsgesetz) and

5.  the debtor companies in a group of companies regarding which a request has been made to open insolvency proceedings or regarding which such proceedings have been opened, including the competent insolvency court and the file reference.

(2) The group of companiesʼ last consolidated financial statements must be included with a request pursuant to section 3a (1). Where no such statements are available, the last annual financial statements of those members of the group of companies which are not merely of subordinate importance for the group of companies must be included. The annual financial statements of the other members of the group of companies should be included.

←→ also move between sections