Prevzem insolventne tarče z zunajsodnim finančnim prestrukturiranjem

slovenian

2013

volume 39, issue 6/7

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The article deals with issues related to corporate financial restructuring. The process can be organised out of court or through formal court procedures, merely in the compulsory settlement proceedings, which is governed in the Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act (ZFPPIPP). Out of court financial restructuring will probably be implemented with the new legislation, by which the current banking practice in this service field should benefit from transparency, predictability and efficiency of the low cost and speedy corporate recovery. The common measure of financial restructuring, regardless of whether the process is performed out of or through the court, is Debt-to-Equity swap in which creditors transfer their claims to the debtor as an in-kind contribution based on the increase in the share capital of the debtor. The consequences of this measure are material changes in debtors shareholder structure, which are usually only temporary, since the creditors primarily target to exit as soon as the debtor is restructured.

18.01.2017