What is a continuation forecast?

Insolvency law and the relevant case law of the last few years have redefined the legal problem as to when a crisis can be transferred. The concept of continuity prognosis was given an immensely great importance. Before an insolvency application due to over-indebtedness (not in case of insolvency!) an assessment is to be made about the survival of a company. This assessment is made in a continuation forecast. Or in other words, if there is calculated over-indebtedness, the only possibility to avoid insolvency proceedings without having to take legal risks is a positive continuation forecast.

On the part of the companies, this applies especially to corporate lawyers / representatives who, in the event of a delay in an insolvency application, have to face liability risks and, in extreme cases, criminal consequences.