- Payment deadlines not met
- Reminders
- Returned direct debits
- Non-payment of social security contributions
- Pre-emptive postponement of a bow wave of due liabilities
- Request for deferral
- Persistently slow payment behaviour
Evaluation according to IDW S11
Standard for the evaluation of insolvency
IDW S11
Download IDW S6 guidelines

Sound assessment when things get really serious.
If companies are in crisis, a qualified assessment of their restructuring capability by external experts is essential. Before a reorganisation report can be prepared in accordance with IDW S6, it must first be determined whether the company in crisis is in (imminent) insolvency and/or over-indebtedness.
This is done by assessing insolvency maturity in accordance with IDW S11.
The most important bases for this assessment are
a) the financial status
b) a financial plan derived from a meaningful business concept
What is assessed on the basis of IDW S11?
First:
The establishment of a "financial status" and – in the case of a negative financial status – the drawing up of a financial plan (over at least four weeks) to assess solvency.
Secondly:
The calculation of the liquidity requirement for (at least) the current and coming business year that must be covered with overwhelming probability (= positive going concern forecast) and – in the case of a negative going concern forecast – the preparation of an asset status to allow evaluation of over-indebtedness.
Thirdly:
The evaluation of the results with a meaningful and experienced assessment of insolvency and over-indebtedness is carried out with the support of specialised lawyers if required.
Goal 1:
No insolvency
Insolvency according to §17 InsO must be excluded. This is the case if due payment obligations cannot (or can no longer) be fulfilled.
Goal 2:
No imminent insolvency
There must also be no imminent insolvency in accordance with §18 InsO.
Goal 3:
No overindebtedness
Over-indebtedness in accordance with Section 19 InsO must not exist. This is the case if the net assets, assuming liquidation values, are negative with a negative going concern forecast.
Inability to pay or payment stagnation?
"A mere payment delay can generally be assumed if the period of time that a creditworthy person needs to borrow the required funds (financial gap) is not exceeded. Three weeks appear to be necessary for this, but also sufficient.’ (Source: BGH, judgement of 24 May 2005 - IX ZR 123/04)"
If the reasons for filing for insolvency can be ruled out after a financial status, any necessary financial plan and a positive going concern forecast have been drawn up, the actual restructuring work begins with the preparation of the restructuring report.

Indications of insolvency (suspension of payments)

Why Struktur Management Partner?
Our turnaround experts are the right people to contact for qualified answers to these questions and a proper assessment of the situation. This is because the preparation of a restructuring report in accordance with IDW S11 requires extensive expertise and experience and must be carried out by independent and qualified specialists. This is also because a corporate crisis brings with it numerous legal implications that need to be considered (e.g. insolvency and labour law). In addition, the requirements formulated by the Federal Court of Justice in its previous case law must be observed. The use of external specialists is in line with the case law of the highest court.
Based on over 700 concepts and a sophisticated methodology, our specialists can show you how they understand companies in crisis and the associated problems and develop solutions to help you achieve entrepreneurial independence.