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Restructuring and Turnaround

By combining your company’s expertise with our extensive turnaround experience, together we will chart the right path to steer your business successfully through the crisis.
Initial Consultation
Restructuring and Turnaround
Restrukturierung

Unternehmen befinden sich in einem ständigen Wandel. Wirtschaftlicher Erfolg ist dabei immer die Motivation des unternehmerischen Handelns. Allerdings gehören im Auf und Ab des Unternehmenszyklus Krisen zu den größten Herausforderungen. Eine objektive Aufnahme der Krisenursachen und der Reaktionsmöglichkeiten hilft dann bei den anstehenden unternehmerischen Entscheidungen, die Situation zu meistern.

Unser Team unterstützt mittelständische Unternehmen, Konzerne sowie Finanzinstitute mit praxiserprobten und effizienten Lösungen, um Unternehmen wieder auf eine wirtschaftlich stabile Basis unter Einbeziehung der rechtlichen Möglichkeiten zu stellen. In der Krise begleiten wir Sie als kompetenter Partner mit tiefgreifendem Wissen und individueller Beratung, die über die klassische Rechtsberatung hinausgeht, wirtschaftliche Lösungen in den Vordergrund stellt und Sie im interdisziplinären Verbund bei allen Themen unterstützen kann.

Unser Ansatz kombiniert juristische Expertise mit einem fundierten Verständnis für betriebswirtschaftliche und finanzielle Zusammenhänge. Dabei können wir auf jahrelange Erfahrung und eine Vielzahl erfolgreicher Sanierungs- und Restrukturierungsprojekte zurückgreifen, bei denen wir Unternehmen in unterschiedlichsten Branchen erfolgreich durch die Krise geführt haben. Durch unsere enge Zusammenarbeit mit krisenerfahrenen Fachleuten aus der Unternehmensberatung, der Wirtschaftsprüfung und der Steuerberatung sowie Zugang zu Finanzierungslösungen, entwickeln wir mit Ihnen maßgeschneiderte Konzepte zur Bewältigung der Situation. Dabei steht immer die Wiederherstellung der Leistungsfähigkeit und auch die Aufrechterhaltung der Zahlungsfähigkeit durch eine Sicherung der Liquidität im Vordergrund. Ziel ist es immer, nachhaltige Stabilität wiederherzustellen.

Wir entwerfen zukunftsfähige Restrukturierungsstrategien, unterstützen die Geschäftsführung bei entscheidenden Schritten und begleiten Unternehmen sicher durch jede Phase der Krise.

Restructuring

Businesses are constantly evolving, with economic success always at the heart of entrepreneurial action. However, crises are among the greatest challenges within the cycles of business life. A clear understanding of the causes of crisis and the available responses is essential for making sound business decisions to overcome these challenges.

 

Our team supports medium-sized companies, corporations, and financial institutions with proven and efficient solutions that restore businesses to a solid economic foundation while considering legal avenues. During times of crisis, we stand by you as a competent partner with deep knowledge and personalized guidance that goes beyond traditional legal advice, focusing on economic solutions and providing interdisciplinary support across all areas.

 

Our approach combines legal expertise with a solid understanding of business and financial frameworks. We draw on years of experience and a track record of successful restructuring and turnaround projects, where we have effectively guided businesses in various industries through challenging periods. Through close collaboration with crisis-experienced professionals in consulting, auditing, and tax advisory, and with access to financing solutions, we develop customized strategies with you to navigate the situation. The main focus is on restoring operational capability and maintaining solvency by securing liquidity, with the ultimate goal of reestablishing sustainable stability.

 

We design forward-looking turnaround strategies, support management in critical decisions, and guide companies confidently through every phase of a crisis.

Turnaround Assessments and IBR

Our turnaround consultants develop tailored concepts aimed at restoring your company’s performance and long-term viability.

Typically, when a crisis is detected, your financing partners will expect management to immediately assess the situation and propose appropriate measures to overcomethe crisis. This often includes documentation requirements that banks and tradecredit insurers need to support you effectively in difficult times. If an“Independent Business Review (IBR)” or a “Turnaround Assessment” is required,we manage the preparation, documentation, and discussions with your partners,allowing you to focus on upcoming operational measures within the company.

Financing and Liquidity Management

In times of crisis,liquidity management plays a crucial role. We assist in negotiations withsuppliers, credit insurers, and other creditors, support you in discussionswith banks and financial partners, and help with applications for stateguarantees. Our long-standing relationships with financing partners provide youwith significant advantages.

Crisis Management and Business Model Restructuring

Beyond financialrestructuring, we also address operational efficiency and sustainable businessmodel restructuring. This includes optimizing cost and revenue structures aswell as strategic initiatives to improve income structures. We adviseexecutives and board members on complex decisions and can, if desired, activelyparticipate in organizational roles such as Chief Turnaround Officer (CRO).

Our Experts for this Specialty

Thorsten Prigge

Partner, Lawyer

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Edward Stoye

Lawyer, Specialized Lawyer for Commercial and Corporate Law

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Dr. iur. Alexander Nefzger

Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law

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Financing of aircraft

If you are financing the acquisition of the aircraft through a loan or leasing arrangement, we can optimally advise you on the transaction. This includes drafting and negotiating a financing agreement suitable for your purposes, as well as addressing potential liens and other security arrangements.

Additionally, we coordinate the processes between you as the buyer, your bank, sellers, and operators. We ensure that the requirements of the credit institution for loan disbursement can be met so that the purchase price can be paid upon the technical acceptance and delivery of your business jet.

Our team has advised on aircraft financing worth 5.6 billion EUR. Moreover, we collaborate with the experienced and ideal partners.

Import / VAT on Aircraft

When buying and selling aircraft from and to the European Union, import sales taxes and customs duties may apply. This must be properly declared as soon as the aircraft lands at the first customs airport. Otherwise, your VAT refund could be jeopardized when the aircraft is used for business purposes and, depending on where it is handed over, further transaction duties may be incurred. Based on our many years of experience with the export and import of aircraft, we optimize both your transaction and the handover of your business jet.

Registration of Aircraft

For the registration of your aircraft, you need to complete and submit numerous documents. Whether you want to register your business jet under the flag of the Channel Islands, the Virgin Islands, or with the Luftfahrt-Bundesamt (LBA) in Braunschweig, Germany – we advise and assist you in preparing the necessary documentation and registration.

Ownership and Management Contracts

Often, Owners are lacking the knowhow to maintain an aircraft in compliance with the regulations of the EASA (European Union Aviation Safety Agency) and the LBA (Luftfahrt-Bundesamt, German Federal Aviation Office), and let their aircraft be manageged by an AOC. If you decide to operate your aircraft through such an operator, this involves a variety of legal and economic questions. We assist you in answering these questions and in drafting the contracts.

Advice on the different operating forms (AOC, NCC)

We examine both the legal permissibility and the tax implications – depending on your intended owner flights, third-party charter for cost reduction, use for company transport within the group, or shared use with other co-owners. This includes topics such as VAT exemption, fuel tax, or operating costs as deductible expenses in special purpose entities.Additionally, we handle the mediation of optimal partners as well as the creation of the necessary contractual documentation for you. For example, in the use of a foreign Air Operator Certificate (AOC) or the implementation of the Continuing Airworthiness Management Organisation (CAMO).

Transaction consulting

For many owners and operators of business aircraft, as well as their legal advisors, neither the purchase nor the sale of the aircraft is part of their daily business. The risk of overlooking pitfalls in unfamiliar territory is high. Therefore, we take care of the smooth execution of the transaction.

Our advisory goal is to protect and represent your interests. This means more than just the concrete planning and documentation of the transaction: creative solutions must be developed, and the deal must be quickly brought to a close without getting bogged down in potential side issues. We accompany you every step of the way: from advising on technical questions before the purchase to tax issues and customs clearance.

We are at your service 24/7 to quickly complete your transaction. With over 150 transactions completed, we have a wealth of experience. Thanks to a fee cap and regular cost updates, you always have an overview of your cost volume with us. Additionally, we collaborate with Germany's largest independent aircraft broker: BAS – Business Aviation Services.

Formation of SPCs

To separate liability, aircraft are often not operated within the owner's operational company but through dedicated holding entities. Together with our notaries, we provide all the necessary services from a single source, guiding you through the entire process—from establishing a national or international special purpose company to legally connecting it with the aircraft owners.

Dr. iur. Alexander Nefzger

Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law

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Matthias Reuleaux, LL.M.

Lawyer, of Counsel

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David Meixner

Lawyer, of Counsel

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Edward Stoye

Lawyer, Specialized Lawyer for Commercial and Corporate Law

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Aircraft Damage Claims

When aircraft sustain damage, legal disputes with insurers can quickly arise. For instance, if a pilot makes errors during flight preparation leading to an accident, liability insurers may hold the pilot accountable, or hull insurers may refuse coverage due to alleged gross negligence. These cases often require judicial clarification to determine whether safety regulations were violated. Successfully asserting claims against insurers demands in-depth expertise in aviation and insurance law.

Aircraft Damage Claims

Wet-leasing, or ACMI leasing, involving the charter of aircraft along with crew, maintenance, and insurance, has become a critical operational model. Due to fluctuating and often short-term capacity needs of commercial airlines, coupled with supply chain delays from aircraft manufacturers, various forms of wet-leases have emerged to cater to these individual requirements. We tailor contracts to your specific needs, focusing particularly on ensuring quality standards regarding maintenance, crew qualifications, and financial security through performance guarantees.

Aircraft Leasing Agreements

In recent decades, the aircraft leasing market has experienced significant growth. Large leasing providers offer aircraft to commercial airlines in various forms under complex and extensive contracts. We delve into this intricate field to craft solutions that align with your interests, addressing delivery and redelivery conditions, usage scope, and responses to contract violations (default situations). Additionally, we coordinate the execution and implementation of agreements to secure optimal outcomes for you.

Employment and Freelance Contracts for Pilots

Navigating the intersection of labor law and aviation law requires specialized knowledge. For example, the definition of travel to the home base differs under labor law compared to FRMS (Fatigue Risk Management Systems). Determining whether a pilot is an employee or a freelance operator hinges on nuanced legal precedents. Our labor law team advises various commercial aviation companies, helping you address these complexities without stumbling.

Maintenance Agreements

Maintenance forms the cornerstone of safe flight operations. We provide counsel on framework agreements for base and line maintenance, negotiating contracts for the supply of technical components and avionics to ensure reliable operations.

Corporate Law

As the legal counsel of GATE e.V., we are closely connected to the recurring legal challenges that affect your business. This enables us to provide swift, cost-effective, and well-founded advice. Whether you are a foreign corporation seeking guidance on legal matters for your subsidiary in Germany, drafting a framework supply agreement, or requiring tailored terms and conditions for your procurement processes, we have the right solution at hand. The German Aviation Security Act holds no surprises for us, and we navigate the intricacies of an airside vehicle just as confidently as we handle vertical baggage conveyors.

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That's what you can expect

This is how we work at activelaw

Your Information

You tell us about your situation, we review your documents. We will give you an initial assessment of your case as soon as possible.

Your opportunities

Our experts will advise you on your chances of success and the individual options for your case.

Our promise

We advise and represent you in all legal matters until your request is successfully implemented.

Do you have specific questions or a particular concern?