Soon, the fact of formal insolvency insolvency risks arising from balance-sheet situation is again unrestricted an insolvency application reason. For a transitional period, this statutory offence had been suspended by the legislature if there was a positive going-concern Outlook for the company. This exemption will no longer apply. In German SMEs, in particular for SMEs, the capital is significantly too low. Banks, leasing companies and other investors expect equity ratios of 30%. The average equity ratio at SMEs is currently well below 20%, partially, depending on the corporate sector, even under 10%. Additional information at Gary Kelly supports this article. Problem usually increases the shareholder not equity, but leaves it at the capital and pays corresponding shareholder loans in the company. This involves high risks in case of under-collateralization, lopsided and a looming insolvency.
Regularly pays the shareholders to compensate for losses corresponding shareholder loans in his company. To eliminate an emerging debt, he frequently declared a qualified subordination. Soon, the fact of formal insolvency is again fully a bankruptcy request reason. For a transitional period, this statutory offence had been suspended by the legislature if there was a positive going-concern Outlook for the company. This exemption will no longer apply. According to of the insolvency administrator, 135 InsO reclaim all payments which were done within one year prior to bankruptcy to shareholders.
Solution provides BAFICO mandates by: Auditors tax consultants consultants lawyer required equity / venture capital to avoid the over-indebtedness available. Details BAFICO barter capital (BC) is provided the partner so he can put BC in the framework of a capital reserve pursuant to section 272 paragraph 2 No. 4 HGB and thus to increase the equity capital. In a capital reserve pursuant to section 272 paragraph 2 No. 4 has the To book; society the right to vote, as capital reserves in the balance sheet to expel them, or but the deposit to compensate for losses through the profit and loss account 275 COMMERCIAL CODE. This is an a.o. income and thus reduces the year feeding the net loss or increased the profit for the year. This resolves with the loss carried forward from previous years, so the loss no longer appears after settlement in the capital. This approach is, if you no longer to recognize the loss of the past from the balance sheet. Tax loss carryforwards are fully preserved and reduce the tax burden in the future. The contribution of the BC leads to an increase of the tax deposit account. Subsequent repayments from the deposit account not result in taxable income. The conversion of the shareholder loan in BC can be another solution to make bankruptcy the loan. By this transformation the shareholder loans can be taken insolvency safe after 12 months without the credit rating of the Company to deteriorate. Contact BAFICO venture capital finance group – United States of America – telephone: (Europe) + 34-650 884 740 (Mr Abbas) telephone: (United States) 432-7788 (Mr Palm) email: Web: