Turnaround

Preventive restructuring (StaRUG): Securing the ability to act, avoiding crisis

Financial difficulties often arise gradually - but those who act early can avert major damage. Preventive restructuring in accordance with StaRUG gives companies the opportunity to restructure themselves outside of insolvency proceedings, restructure liabilities and create viable prospects for the future. Our approach combines legal security with economic foresight in order to get companies back on track at an early stage through targeted measures.

What does preventive restructuring according to StaRUG mean?

The Corporate Stabilization and Restructuring Act (StaRUG) enables companies to avert impending insolvency at an early stage. It creates a clear legal framework for the out-of-court restructuring of debts and the involvement of creditors - without the stigmatization and restrictions of insolvency proceedings.

When is StaRUG the right solution?

  • If the threat to the company's existence is foreseeable but not yet acute.
  • When companies seek an out-of-court settlement with creditors.
  • When restructuring is necessary but the operating business is still functioning.
  • When early measures improve the chances of a successful restructuring.

With a well-thought-out restructuring plan, companies can regain financial stability and future-proof their business model.

Core components of preventive restructuring.

  1. Analysis of the initial situation
    Determination of the financial situation, identification of the causes of the crisis and determination of the current stage of the crisis.
  2. Development of concrete measures
    Definition of targeted financial and operational steps to overcome the crisis sustainably and restore competitiveness.
  3. Creditor structure and interventions in receivables
    Identification of the relevant creditor groups and planning of necessary interventions in receivables, collateral and other rights.
  4. Preparation of a robust business plan
    Preparation of a medium-term business plan, taking into account the planned restructuring measures and financial interventions.
  5. Comparative calculation to the next best alternative
    Assessment of the creditors' prospects of satisfaction compared to alternative scenarios - in particular a possible insolvency.
  6. Securing the company's ability to continue as a going concern
    Proof that the planned measures can secure the company's solvency in the long term and restore its viability.

Why wibas?

Successful preventive restructuring requires experience, negotiating skills and a deep understanding of economic relationships:

  • Early crisis detection & forward-looking planning
    Identification of risks before they become a threat to the company's existence.
  • Holistic restructuring approach
    Combination of financial restructuring and business strategy realignment.
  • High level of acceptance among creditors and stakeholders
    Experience in negotiating with banks, investors and other interest groups.
  • Practical, implementable solutions
    Not a theoretical concept, but a clear roadmap with realistic measures.
Take preventive action now - before it's too late

Preventive restructuring in accordance with StaRUG offers companies a unique opportunity to set the course for a successful future at an early stage. If you act now, you will secure  leeway and protect the company.
Contact us for an initial assessment - together we will develop a viable solution.

Conclusion: More scope for early restructuring - the restructuring work remains.

The StaRUG expands the possibilities for pre-insolvency restructuring in Germany and allows companies to implement restructuring measures even against the resistance of individual, less significant creditors - without having to initiate insolvency proceedings. Although a restructuring can be based purely on financial measures, in most cases a comprehensive, coherent and viable restructuring and turnaround concept remains the decisive success factor for a sustainable restructuring.

Your contact person:

Malte Foegen

wibas GmbH

Malte Foegen

Otto-Hesse-Str. 19B

64293 Darmstadt

malte.foegen@wibas.com

+49 6151 5033490