[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 18

Imminent insolvency

(1) If a debtor requests the opening of insolvency proceedings, imminent insolvency is also a reason to open.

(2) A debtor is deemed to be faced with imminent insolvency if it is likely that the debtor will be unable to meet existing obligations to pay on the date of their maturity. The forecasting period is generally to be 24 months.

(3) If, in the case of a legal entity or of a company without legal personality, the request is not filed by all the members of the representative body, all the general partners or all the liquidators, subsection (1) applies only if the person or persons filing the request are empowered to represent the legal entity or the company.

←→ also move between sections