The purchase of companies from insolvency offers considerable acquisition incentives for both strategic and institutional investors, not least due to the possibility of acquiring a company capable of being restructured at a favourable price. However, the opportunities also entail risks on the part of the acquirer. The article provides an overview of the regularly recurring issues in the context of distressed transactions, which should be taken into account in the negotiations of the company purchase agreement to be concluded. The article of Dr. Björn Biehl and Axel Jost is limited to the acquisition of an insolvent company in the course of insolvency proceedings by way of an asset deal.
Source: Betriebs-Berater 37/2021
