Acquire a business unit from insolvency
Review procedure, third-party rights, approvals, conditions and handover before acquiring a business unit.
A business unit from opened insolvency proceedings is not automatically free of third-party rights. Whether each asset forms part of the insolvency estate, the authority to dispose of it and the required approvals must be reviewed asset by asset.
Before payment and handover, document the acquisition perimeter, conditions, third-party rights and the actual completion route.
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01 Procedure and acquisition perimeter
02 Third-party rights and approvals
Rights to separation and rights to separate satisfaction are generally unaffected by the opening of proceedings.
03 Conditions before payment and handover
Legal framework for the review
Section 11 IO prevents a general assumption that estate assets are free from rights to separation and rights to separate satisfaction. Sections 116 to 118 IO provide approval and participation steps for certain disposals; section 119 IO addresses a judicial sale on the administrator’s application.
The IO does not prescribe one universal handover record for every business-unit acquisition. For transaction context, see Distressed M&A: acquiring a business in crisis or insolvency.
This checklist supports preparation and does not replace legal advice on an individual matter. Court notices and dates must be checked in the actual proceedings.
BRANDAUER Rechtsanwälte
Insolvency law, Salzburg and throughout Austria
We review the procedural status, contracts, payment records and security, then explain which legal question needs to be addressed next.
Would you like us to review a claim, owned goods or a decision in a business crisis?
Tell us your role, the business concerned and the procedural status. We respond within one business day.
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
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