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
Reorganisation and restructuring
Distinguish the ReO framework, reorganisation proceedings and opened insolvency proceedings.
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.
The Austrian Restructuring Code provides a debtor application framework intended to avert insolvency and secure viability. It must be distinguished from reorganisation proceedings under the IO and opened insolvency proceedings.
Preparation requires liquidity data, a restructuring concept, creditor groups and feasible measures. The readiness check only structures the material.
Clarify objective and starting point
Section 1 ReO defines restructuring broadly, including assets, liabilities, capital structure and sales. The appropriate measure depends on the business and timing.
Threatened insolvency, actual insolvency and a funding need are not the same.
Prepare the concept and documents
Section 7 ReO concerns application documents and review of the concept. Its maximum 14 day improvement period is not a general deadline to begin restructuring.
Align financial statements, liquidity planning, measures, creditors and security.
- Current liquidity and planning
- Creditor groups, security and disputes
- Measures, funding and responsibility
Distinguish IO reorganisation proceedings
Section 167 IO provides the statutory framework for proceedings designated as reorganisation proceedings. It is not identical to an out of court workout or the ReO.
This page does not offer generic dividend or success forecasts.
Test communication and feasibility
A legally available plan must also be operationally financeable and discussable with key stakeholders.
Confidentiality, equal treatment, employment and regulatory issues may require separate workstreams.
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 the ReO an insolvency proceeding? +
No. It is a separate statutory restructuring framework.
What does the 14 day period in section 7 ReO mean? +
It may apply to court ordered improvements of application documents, not to every restructuring start.
Does the check predict a dividend? +
No. It structures documents and open issues only.
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