Corporate insolvency: expiration, duration & more

For individuals who are a mountain of debt amassed and see no way to reduce this on their own, which is personal bankruptcy is often the only option to find a way out of debt. However, this simplified insolvency procedure is only open to private individuals. Even former self-employed persons who have a maximum of 19 creditors and against whom there are no longer any claims arising from self-employment can go through private insolvency.

For companies that can no longer pay their bills, according to bankruptcy law, however, the company bankruptcy – officially called rule insolvency – provided. As part of the insolvency proceedings , the company is either liquidated, ie dissolved or rehabilitated .

When do you have to apply for a corporate insolvency?

The InsO determines exactly when a company has to declare insolvent. There are three opening reasons for a company insolvency :

  1. insolvency
  2. Threatening insolvency
  3. indebtedness

First general opening reason is the insolvency . According to § 17 Abs. 2 InsO, this is the case if a debtor is unable to meet his due payment obligations . This is normally to be assumed if he has ceased his payments.

Furthermore, the impending insolvency can also constitute the reason for opening a corporate insolvency . Pursuant to § 18 (2) InsO, this is the case if the debtor is in all likelihood unable to meet his existing payment obligations as soon as they become due.

Over-indebtedness occurs when the assets of the debtor no longer cover the existing liabilities, unless the continuation of the business is predominantly probable under the circumstances.

If the affected company is a corporation or a partnership with no personal liability , the following obligation exists: At the latest three weeks after insolvency or over-indebtedness, the responsible persons must register a company insolvency in accordance with § 15a Abs. If you do not, you can be guilty of bankruptcy . It faces a fine or imprisonment of up to three years.

Insolvency proceedings of a company: Which procedure is planned?

Many sufferers may now wonder how a corporate bankruptcy and its course are well regulated. Basically, the following phases have to be completed:

  1. Application and opening procedure
  2. insolvency proceedings
  3. Completion of the procedure

The process of insolvency proceedings for companies begins with the registration. This takes place at the local competent district court, which acts as a bankruptcy court . The responsibility results from the seat of the enterprise.

If the application for insolvency has been filed, the competent court will examine whether all conditions are met in order to open insolvency. For this purpose, one of the opening reasons already mentioned must be present. Furthermore, there must be sufficient recoverable assets to cover the costs of the insolvency proceedings . These include, for example, the court costs and the remuneration to which the insolvency administrator is entitled. If this is not the case, the application will be rejected for lack of assets .

In the actual insolvency proceedings , a bankruptcy administrator appointed for this purpose takes over the management of the company . The attachable assets in the company are confiscated and the debtor can no longer dispose of them. Instead, the power of disposal passes to the insolvency administrator. An alternative is to apply for self-administration bankruptcy.

In the process of insolvency of a company, the task is either to liquidate or to restructure the company . How this works is explained below.

The expected duration of a company insolvency can hardly be predicted at a flat rate . Influencing factors include the size of the company and the number of creditors . The situation is different with natural persons, ie self-employed persons. These go through after the actual insolvency proceedings, the so-called good behavior phase, at the end of the residual debt exemption. This phase usually lasts six years, but can be shortened to three or five years.

Liquidation or reorganization: Can a company still be saved?

How the procedure for bankruptcy is to be expected for a company depends on many different factors. Of great importance is the decision as to whether the company can or should be dissolved or rescued.

The process may have the objective of selling the assets of insolvency firms and distributing the proceeds to the creditors . These steps are performed by the insolvency administrator. He terminates all existing contracts and at the end of the company insolvency the company is deleted from the commercial register .

However, the liquidator can also undertake remediation in various ways. The insolvent company for sale is a possibility. There is also the option of setting up an insolvency plan . Such a plan sets out measures to save the company.

If no insolvency administrator takes the helm, it is often also possible to carry out a company insolvency in self-administration , eg. B. in the context of a protective screen process . In this case, the original administration remains able to act and enforces the measures set out in a restructuring plan . A so-called administrator will be assigned to the responsible person who oversees the persons responsible.

Insolvency with sole proprietorships: Private insolvency is usually not possible for them. Private individuals and former self-employed persons with a maximum of 19 creditors can only go through private insolvency proceedings. However, in the case of the insolvency of a sole proprietorship, unlike other companies, the following must be observed: Sole proprietors can obtain a residual debt exemption . However, they are fully liable with their private assets.

The bank will have to return the land clauses for free, in three months and with interest

Image result for land clauses

  • The Council of Ministers this Friday will approve a royal decree.
  • All banks will have to inform their mortgaged clients with floor clauses that there is an extrajudicial procedure to claim.
  • European Justice failed in December against the banks.

PP, PSOE and Ciudadanos have reached an agreement to force Spanish banks to return the amounts unduly charged by the mortgage floor clauses for free, retroactive, with interest and within three months.

This system of extrajudicial compensation , which will comply with the ruling of the Court of Justice of the European Union on opaque clauses , will be approved next Friday by the Council of Ministers in the form of a Royal Decree Law, and not as a code of good voluntary practices, as banking intended.

It is not our decree law, but it is a decree law that is for the benefit of consumers. This will be submitted to the Congress for ratification, with the aim of bringing it into force as soon as possible. The PSOE will abstain in that vote after the Government, which had previously guaranteed the support of Citizens, has included in its initial proposal a package of improvements that will consolidate “all the rights” of those affected, as announced on Wednesday the spokeswoman socialist Justice in Parliament, Margarita Robles, and Economy spokesman, Pedro Saura.


“It is not our decree law, but it is a decree law that is for the benefit of consumers.It will come into force immediately and will serve so that they can exercise their rights quickly, but without renouncing, if they so wish, to go to the courts, “Saura detailed 20 minutes .

These are the keys to demand the reimbursement of floor clauses.

Where and how is it requested?

The bank itself will have to contact and inform the injured party. The Royal Decree Law will force them to set up a voluntary mechanism at no cost to all their clients, who will “always” be able to take their case to the courts if they believe that their claims are not taken care of properly.

When can it be done?

The procedure will take effect the day after its publication in the Official State Gazette. The banks will have three months thereafter to resolve the files and deliver the amounts.

How will they make the return?

Through deposit in account . The amount will include interest accrued from the signing of the mortgage. Any other compensation proposal that the entity makes (amortization of the outstanding capital, for example) must be in writing. The affected party may assess it for a period of 15 days. If you accept, you will have to sign a separate document.

Will I have to pay the Treasury?

No. The amounts will be exempt from IRPF taxation whether there has been an agreement with the bank or if the client decides to go to court. Treasury will not apply late interest, surcharges or penalties in the event that this income produces excess rent in the scales used to calculate the bonuses for acquisition of primary residence, reform works or other deductible expenses.

Should I go to court?

Should I go to court?

Spanish and European justice have already given the reason to consumers . And, although the claims on soil clauses have a victory for whistleblowers, both consumer associations and political parties discourage them. “Everyone is entitled to do so, but the sentence can be delayed in time,” insists Pedro Saura.

Will I have to pay the costs if I lose my mind?

The regulations do not exempt – in general terms – entities from the payment of costs. “If the consumer obtained a more favorable sentence than the offer received from credit institutions, the judge may impose the sentence,” the PSOE details.


How many affected are there?

There are no official calculations. Rafael Catalá, Minister of Justice, estimated it in 1.5 million hypothetical files. The platform raises it to 3.5 million . The Bank of Spain estimates that the impact on the sector can reach 4,000 million euros.

Are banks prepared for the process?

Are banks prepared for the process?

BBVA, Banco Popular, Bankia or Caixabank have reserved millions of euros in their balance sheets to deal with this contingency . Others, such as Sabadell, deny that its clauses were opaque, the reason that led the CJEU to declare them illegal. Minister Catalá believes that the bank lacks “enough people” to resolve the claims within the established period.

What do consumer associations say?

Adicae considers that the agreement between PP, PSOE and Ciudadanos leaves “open flanks” that benefit the bank, although this includes the majority of its claims . The OCU fears that it is the bank who really decides “who and how much they charge” of the amounts due for the floor clauses.

More information about:

  • Floor clauses

I need money, online mini-credits

I need money offers quick credit solutions of up to € 400 immediately and with the possibility of getting the free mini-credit if it is returned within 10 days. The request is made through the Internet, without questions and confidentially.


First free credit
No Payroll:
With Asnef:
Do not
Do not

Minimum term:
1 day
33 days
Minimum loan:
€ 1
Maximum loan:
€ 400

Additional information about Need Money

Image result for creditNecesito Dinero is a fast-payer mini-lender that serves urgent money needs through its web platform offering loans of up to € 400 instantly thanks to its automated risk assessment systems.

Necesito Dinero belongs to the European group Primrose Partners Limited that already operated in Spain under the brand ” Dispon” and now expands its presence with this new brand.

Now you can request a quick mini-credit of up to € 400 for a maximum period of 33 days, the request can be made at any time of the day through the Internet and the answer arrives in less than 10 minutes. If you have been granted the urgent money loan you need, it is automatically transferred to your bank account, without waiting. There are no questions about the purpose of money, you can use it for anything.

Necesito Dinero is one of the few companies that allow you to choose the exact amount of money you need and the exact days, and if you return the loan within 10 days you do not pay any interest or commissions, you return the same amount you have requested.

I need money, how do I ask for the loan?

To request the money only take 2 minutes , the first step is to access the website of Necesito Dinero and choose the amount of money you need between 1 and 400 € and the period in days between 1 and 33 days. The interest payable will depend on the chosen term. And you return the money within 10 days (regardless of the amount and the requested term) you do not pay interest.

After this step a new screen opens in which they explain the necessary conditions to grant you the mini credit such as being over 18 years old, not being in ASNEF, having a bank account and a debit card in your name and having an email account and a mobile phone number. If you meet these few conditions click on accept and then fill in the form with your personal and contact information . At the end of the form you must enter a password to access the private area of ​​Necesito Dinero from which you can manage your loans.

After completing the application, you receive a response within 10 minutes and if the credit is granted, it is immediately transferred to your checking account so that you can use the urgent money you need, quickly and easily. The credits of Necesito Dinero are easy and without papers.

Requirements you must meet to request your credit

The conditions demanded by Necesito Dinero to be able to ask for one of their loans are very few but they must be strictly complied with. If you do not meet any of the following requirements, it is better that you do not request the money because the operation will be denied:

  • Be of age.
  • Reside in Spain (provide ID or NIE to verify).
  • Have a current account in Spain.
  • Have a mobile phone number and email.
  • Do not appear on any list of defaulters.
  • Have a debit card.

It is not necessarily necessary to be working since they grant mini-credits to pensioners and unemployed people provided they have some source of income such as unemployment benefit or any demonstrable income. If you do not meet all the conditions you can find another company that requires less requirements, for this you can see our list of full quick credits to search with complete comfort the entity that will grant you the loan under other conditions that may fit better with your current situation .

I need money

Frequent questions

  • How long does it take to answer me after the application? : In the first loan you should study the credit risk and it can take about 30 minutes. In the following the concession in automatic and without waiting.
  • And in receiving the money? : if you have been granted the quick credit you will have the money in 10 minutes.
  • Why have I been granted less than the amount I ordered? : It may happen that after the risk study I need money I can approve an amount lower than the one requested in the quick credit.
  • Do I need a debit card? : It is a mandatory requirement to have a debit card linked to a bank account. The card is used to check the accuracy of the data by making a small charge of € 0.10.
  • How do I return the mini-credit to Necesito Dinero? : you can make an income or transfer to any of the accounts that appear in the customer area or you can make the payment by card from the I Need Money website.
  • Can I return it early? : Yes, you can return the loan whenever you want, you will also save on costs because you will pay interest only for the days you have had the money.

If you think you will not be able to cancel your loan on the date you chose, contact the company immediately to agree when you can settle it. But you should be aware that you will have a penalty for late payment and surcharges depending on the time you spend in paying off your debt.

Money from the loans of Necesito Dinero can be used for whatever you want, but remember that it is a product with high fees, which is designed for specific situations of need, not to use it regularly, since the cost of the service is high.



Latest opinions of Necesito Dinero

See all opinions

Permanent link to opinion Cristobal
They are similar to all the fast credits, the only thing that I see good is that if you return the quick money they do not charge you anything. In my case, I asked for it when I needed 7 days to get the payroll for a hurry and I was able to save my interest. That did not cost me anything and I avoided the embarrassment of asking for money from a family member.
I only recommend it in those cases because otherwise the cost is very high. That’s my opinion.

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Are online mini-credits the way out of our problems?


Online mini-credits continue to expand despite the reputation that has always accompanied them. There are many people who request them, but there are also others who distrust them due to the high interest rates of this type of Internet loans. There are reasons, which we will see below, that explain why the fees for these credits are higher. However, we must bear in mind that they are designed for very specific situations and that they could help us resolve according to what moments. Therefore, it is important that before requesting mini loans we know all the necessary information to use them responsibly.

3 mini-credits online to cover economic contingencies

The online mini-credits have acted as an economic relief for those people who during the crisis lost their ability to save and, therefore, their ability to solve economic contingencies. However, its success has extended until now that the economy is recovering slowly, therefore, it is possible to think that its business model triumphs beyond that context of crisis.

This type of companies that offer quick mini-credits do not have to be seen as a usual escape route to our financial problems, since they are not designed for it. However, if we are in a situation where we urgently need money because an economic setback has arisen that we can not cope with, mini-credits through the Internet can be of help . Therefore, if we are in a situation like this, we can resort to online loans that stand out from the market as the following:

Lender Max. Cost € 100 to 30 days Advantage I’m interested
Kredito24 € 750 € 35 Accepts clients in ASNEF
Apply for
Vivus € 1,000 € 28

First mini-credit for free

Apply for
That good € 900 € 27

10% discount on interest with the helprome17 code

Apply for

The mini online credits that we have just seen should be seen as an alternative when we seek funding for a situation in which we need money with great urgency. An example of this would be an invoice with a cost higher than what we expected and for which we have no solidity at the time to cover it. However, the repayment of a mini loan is made in a maximum of 30 days, hence they must be used as a punctual option. When we ask for this type of loans online, we must be convinced that in this short period of time we will get the money to pay off the debt. In this way, it could be the solution to our problems. In fact, we could even disburse the loan capital in advance to save interest.

In addition to the term, the cost of mini-loans is higher than in other types. But this is explained, among other things, because the company must compensate the risk assumed by offering money to customers that it does not know previously. Anyway, if we ask for a small amount, the cost of an online mini-credit will be affordable.

Tips for responsible employment of the mini online loan

Image result for responsible

As we have already mentioned, online mini-credits can be effective to cover certain expenses that we did not expect if we are aware that they must be reimbursed within a maximum period of 30 days. The key to requesting these loans online take us out of an economic hurry is to make a responsible employment of them. Therefore, we will see the following keys:

  • Obviously, the main thing is that we have clear that we only have to ask for them if the need is real, not as a frequent option.
  • Before requesting this type of loans online, we must study our ability to pay money on time and our level of indebtedness. We must bear in mind that it is not advisable to spend more than 40% of our income to settle debts .
  • We must be careful with the amount of capital that we request and with the established return period. It is not recommended that we ask for more money than we will use to cover the unforeseen, as the interests will be higher and we could complicate the return process.

In addition to making responsible use, there are ways to lower the cost of these credits:

If we are going to request mini-credits online, but we can return the money before the usual 30 days, we must contact the company to request that they allow us to amortize the loan in advance . Generally, most private equity companies allow us to make this payment for free.

Another aspect that we could take advantage of is that, due to the increase in competition from the Spanish credit sector, every day we find more minicredit offers on the Internet with very attractive promotions for their clients. This is the case of free mini-credits, with which we can get money and not pay interest.

Standard and Poor’s rating agency declares Venezuela “partially in default” on debt

The agency notes that the country, on the verge of default, is unable to repay $ 200 million.

The rating agency Standard and Poor’s announced Tuesday, November 14, that it declared Venezuela “partially in default” on its debt. The agency is thus the first to declare the country, on the verge of default, in partial default.

How does Standard and Poor’s justify its decision?

The agency says it made its decision the day before, after a grace period of thirty days on the payment of two bonds. She says she found the country’s inability to repay $ 200 million.

Where are the discussions on a possible renegotiation of the debt?

Monday, the meeting in Caracas of international creditors of Venezuela, to try to renegotiate the debt of the country and to avoid him the so much dreaded default of payment, ended without an agreement but with the promise to meet again soon.

The government called the meeting, barely twenty-five minutes, a “resounding success, ” in a statement Monday night.

The creditors came out disappointed with the closed meeting in the White Palace, opposite the Miraflores presidential palace.

“They said they would form technical groups to evaluate proposals for renegotiating debt in the short and medium term. But they gave no concrete details about their plans, what they hope for, ” told Agence France-Presse (AFP) Geronimo Mansutti, broker Rendivalores, referring to the presence at the meeting of 300 investors or their representatives. “The meeting was very bad,” he summed up.

According to several participants, the parties, who have committed to meet again soon, have not set a date.
Read also: Venezuela will declare itself “never” in default, says Maduro.

What are the deadlines for Venezuela?

Venezuela wants to restructure – ie reschedule repayments or even reduce debts – active, estimated at 150 billion dollars, because it has only 9.7 billion reserves and must repay to less 1.47 billion by the end of the year, then 8 billion in 2018.

This would exacerbate the recession that has reduced GDP by 36% in four years and cut off the country and its state oil group PDVSA from the markets while exposing them to lawsuits and the seizure of assets and subsidiaries abroad.

Meanwhile, in New York, a specialized committee of the ISDA (International Association of Derivatives), consisting of 15 financial companies, had to decide on the follow-up to be given to a delay of payment of 1.16 billion dollars of the Venezuelan public oil group PDVSA.

On Tuesday, the ISDA committee announced that it was giving up a vote in the immediate absence for lack of sufficient information to decide. The committee said it will meet again Thursday in New York at 18 hours GMT “to continue discussions” on the consequences of a delay in payment of PDVSA to its international creditors.
Early Monday evening, the Venezuelan government had still not confirmed the settlement of 81 million dollars expired Friday, or that of another payment of 200 million, scheduled Monday.

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This particular brings me on to the reason for this article. I for our part have spent the final twenty years or so, repairing destruction created by so-called financial experts. It also saddens me that will after seeing the misuse of clients trust, simply by so-called offshore financial center advisors for more than ten years, very little has been completed to protect the expat local community.

I was as soon as hired by an offshore financial services definition business to ‘totally transform their own marketing’. They had significant product sales plans and needed the big-picture, creative marketing thinker, so in I proceeded to go. But when I had my very first meeting with the marketing section, they handed me an enormous fat folder left for them by the last marketing movie director. “This is how we do something, ” they told me.

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One option would be to move abroad. Often whenever companies set up offices overseas they will relocate some of their current staff. Let’s say your just offshore trust services is developing a Cyprus company, you may be the first one with your hand upward, offer to take a payout cut and be the first for the plane over to their brand new Cyprus offshore company definition.

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