Corporate body consulting during times of crisis
A company crisis triggers specific obligations and personal liability risks for you as an executive body (Managing Director, Management Board or Supervisory Board).
Andersch will help you fulfill your specific obligations and duties and avoid personal liability risks during times of crisis by providing you with the economic basis for sound, sufficiently documented and comprehensible decisions.
In a concrete crisis situation, the legal norms to be applied are mandatory (legal obligation). However, where your business decisions are concerned, you still have to prove that your decisions were reasonable and that your actions were based on the appropriate information and for the good of the company. The obligation to exercise due care – also known as the Business Judgment Rule – applies equally to members of the Management Board and to the Supervisory Board.
As an auditing company specialized in challenging business situations, Andersch completes your professional legal advice by providing you with a business analysis of the actual economic situation of your company. The observance of abstract legal obligations with respect to actions required is thus supported by objectively comprehensible decision-making.
We specifically aid Board Members / Managing Directors...
... to promptly take the measures necessary to end the crisis as quickly as possible by carrying out a Short Company Analysis and identifying measures for securing liquidity and economic stabilization and, if desired, undertake their implementation,
... to provide the pertinent information to the shareholders and other stakeholders on the reasons for crisis and the means by which they can be overcome by drawing up a comprehensive Restructuring Concept/Opinion,
... to monitor the non-occurrence of insolvency and to comply with payment prohibitions by examining Insolvency-Triggering Events.
We specifically assist supervisory boards...
... to demonstrably intensify their monitoring activities of the Management Board/Managing Director at the first signs of a crisis and to undertake our own risk analysis by performing a Short Company Analysis for them,
... to further intensify their monitoring activity of the Management Board / Managing Director in a demonstrable manner and to create a basis for reshaping future company policy by preparing a comprehensive Restructuring Concept/Opinion and Options Analysis (a comparative assessment of different alternatives for action),
... ensure the supervision of the non-occurrence of insolvency and the compliance with payment prohibitions by the Management Board/Managing Director, by examining Insolvency-Triggering Events and advising you accordingly.