Insolvency proceedings- applicability and parties involved
Generally speaking, insolvency is the situation in which a company finds itself incapable of paying its debts. According to the legislation in force, Law no. 31/1990 on commercial companies, contains provisions with regard to the liquidation and deregistration of commercial companies, and Law no. 85/2006, Law no. 85/2015 and GEO no. 22/2018, regulate the insolvency and pre-insolvency procedures – services that, if accessed in time, may remedy difficult situations.
The pre-insolvency services include necessary actions aiming for the recovery of the business, and the Eurom group offers by ad-hoc mandate, different management options, depending on the situation, according to the law 381/2009. The preventive arrangement, according to the legal dictionary, is a contract concluded between the debtor, on the one hand, and the creditors who hold at least 2 thirds of the value of the accepted and uncontested claims, on the other, by which the debtor proposes a plan for the recovery of the company and to cover the debts of these creditors against him, and the creditors agree to support the debtor’s efforts to overcome the difficulty of the debtor’s business. source: drept online .
Once you have realized that you are on the verge of insolvency, it is important to seek independent professional advice immediately. As we are a licensed insolvency practitioners’ firm, we are able to offer you a full range of different options available, which may include both formal and informal insolvency proceedings.
Eurom will make sure to handle your personal circumstances and minimize any loss of business ahead. It is essential that you seek professional advice as soon as you find yourself in an insolvency position, as ongoing trading risks can lead to “injured” claims against you personally and it is very important for Eurom to give you professional advice, guiding you into the right direction.