Order the direction and asset
Keep the direction, inventory and affected contracts together.
Insolvency proceedings
Protective measures at insolvency opening: assets and notices
Which protective measures the insolvency court may take at opening and which records businesses and creditors should organise.
Your insolvency law team
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.
12 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
When proceedings open the insolvency court must secure the estate and support the continuation of a business where required.
Section 78 IO links protective measures with notices and the practical safeguarding of assets. Those affected should distinguish a court measure from the public insolvency notice.
This article provides a practical review path for the order, the asset concerned and affected business partners.
Classify the opening
Which measure concerns which area?
Court protection, business continuation and notices serve different functions.
| Protection | Opening order, court direction | What measure was ordered? |
| Assets | Inventory, accounts, keys, contracts | Which asset is affected? |
| Notice | Letter, proof of service, contact | Who must be informed? |
The concrete measure follows from the court order and procedural status.
Protection review
Which information is missing about the court measure?
The path orders the court record and affected documents.
Discuss the specific matter with the firm.
Is there a court direction concerning protection or continuation of the business?
Your answers
Review the documents
Clarify the object of the measure
Obtain the complete direction and identify the asset concerned.
Do not confuse the notice with a measure
Review whether a separate direction was issued in addition to the public notice.
Compare notice and direction
Read the letter, service record and court direction together.
Section 78 IO protects the estate and continuation
Section 78 IO protects the estate and continuation
Section 78 IO requires the insolvency court to take measures at opening that secure the estate and support business continuation. The necessary measure depends on the case.
A protective measure is not automatically a final decision on ownership, contract or claim. Those positions need separate review.
Distinguish a court direction from a public notice
Distinguish a court direction from a public notice
The public notice informs about the procedural status. A court direction may add specific protective or continuation steps. File both with the date and case reference.
Business partners should not read a letter in isolation. Record sender, service, asset concerned and any requested action.
Document assets in practice
Document assets in practice
Inventory, accounts, keys, access data and current contracts may matter for protection and continuation. The records should show the condition at opening.
Where ownership or possession is disputed, keep the protective measure separate from a separation claim.
Prepare the notice for a consultation
Prepare the notice for a consultation
Keep the notice, service record, court direction and affected business relationship together.
A short chronology of the procedural status, asset and open question makes further review easier.
A public notice is not a court direction: Always identify the document ordering a concrete measure and the asset concerned.
FAQ
Common questions about protective measures
What does Section 78 IO address? +
Section 78 IO concerns court measures to secure the estate and support continuation of a business.
Is the public notice enough? +
It shows the procedural status. A concrete protective measure may be contained in a separate direction.
Does a protective measure prove ownership? +
No. Ownership, possession and separation rights must be assessed separately.
Topics
Protective measuresInsolvency openingEstateNotices
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.
Direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000