Separate the role and statutory review first
Start with the parties, procedural status and commercial objective. Claims, ownership, director duties and acquisitions require different review paths.
Focus area
Directors and shareholders in a crisis
Separate filing duties, crisis records and shareholder loan issues.
Review path
Which documents should you organise first?
The tree structures your role and documents. It calculates no deadline and makes no legal determination.
Which role best describes your position?
Your answers
Review the documents
The documents are ready for focused legal review
With organised records, the legal question can be tested against the current procedural status and applicable law.
Close the documentary gaps first
Secure the contract, payment records, court notice and communications before making a legal or commercial decision.
Directors and shareholders have different roles in a business crisis. Section 69 IO concerns the filing duty, while the EKEG addresses shareholder loans in a crisis and repayment restrictions.
Current liquidity data, resolutions, responsibilities and contracts are essential. This portal does not target personal consumer insolvency.
Document the crisis timeline
Record due liabilities, available liquidity and financing commitments over time. Section 69 IO generally refers to no later than 60 days after insolvency, but onset and culpable delay are factual questions.
The statutory outer framework is not an automatic grace period.
Record decisions and responsibility
Document management resolutions, allocation of duties, information available and the basis for material payments.
Payments to related parties, selected creditors or shareholders require particular scrutiny.
Review shareholder loans under the EKEG
Under section 1 EKEG, a shareholder loan made during a crisis may be equity replacing. Section 3 contains relevant exclusions and distinctions.
Section 14 addresses repayment restrictions and restitution. Review status, timing, contract and payment flow.
Separate restructuring from filing duties
The ReO may provide a restructuring framework to avert insolvency, but eligibility cannot be inferred from a questionnaire.
A restructuring project and the duty under section 69 IO remain separate and coordinated analyses.
General information on Austrian insolvency law as at July 2026. The assessment depends on the individual facts and current procedural status.
Frequently asked questions
What clients often ask.
Is there always a 60 day period to file? +
No. The onset of insolvency, culpable delay and permitted measures require factual analysis.
Is every shareholder loan equity replacing? +
No. The EKEG has defined requirements and distinctions.
Does a restructuring plan replace crisis records? +
No. Liquidity, resolutions, creditor groups and measures must remain documented.
Related topics
This may also be relevant to you.
Creditors in insolvency proceedings
Review the basis of the claim, evidence, schedule status and commercial next steps.
Separation rights and retention of title
Identify goods or machinery in the estate through contracts, markings and payment records.
Insolvency avoidance
Document payments and security received during the crisis and assess the relevant context.
Do you need a clear legal assessment?
Call or write to us. We respond within one business day.
Direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000