Читать книгу Las reestructuraciones de las sociedades de capital en crisis - Aurora Martínez Flórez - Страница 43

The finally approved “Directive of the European Parliament and of the Council on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30” (Restructuring Directive)1) harmonises for the first-time restructuration arrangements outside insolvency procedures in the EU, introducing new instruments for restructuring enterprises in crisis. Besides many issues that will affect national law, in particular from a German perspective, the interface between corporate law and insolvency law has to be reassessed. The role of directors of companies regarding restructuration has to be reviewed, especially if their responsibility and liability towards third parties (and their company) will change in contrast to existing rules. This article analyses at first the existing legal background of duties of directors in the vicinity of insolvency (from a German perspective) (...) and will then turn to the shift of paradigm due to the approved EU directive (...).