A second chance for entrepreneurs

There are still several EU Member States where a business cannot be restructured before it is insolvent. Important discrepancies have remained as to the duration of the discharge period. Such differences in Member States' legal frameworks mean continuing legal uncertainty.

A European Commission proposal in November 2016 aims to reduce barriers to cross-border investment related to differences between the Member States' restructuring and second chance frameworks, and to increase investment and job opportunities in the single market. Furthermore, unnecessary liquidations of viable companies should be decreased, value for creditors, owners and the economy should be maximised, and possibilities of cross-border restructurings be increased. Finally, the proposed Directive is intended to improve the effectiveness of all restructuring, insolvency and second chance procedures with a view to reducing their length and costs.

Author: Udo Bux

ESO: Background information: Proposal for a 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/EU (COM (2016)723) http://www.europeansources.info/record/proposal-for-a-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-di/

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