The new Crisis Consequences Mitigation Act (SanInsKG) is intended to prevent companies from having to file for insolvency simply because they can no longer pay energy and commodity prices.
A core component of the SanInsKG is the reduction of the forecast period for a positive continuation of a company as part of the over-indebtedness test (pursuant to Section 19 (2) InsO) from twelve to four months. In addition, the maximum period for filing an insolvency petition due to over-indebtedness (pursuant to section 15a (1) sentence 2 InsO) is increased from six to eight weeks. In addition, the planning period for self-administration and restructuring plans (pursuant to section 270a (1) no. 1 InsO and section 50 (2) no. 2 StaRUG) will be reduced from six to four months. This is intended to facilitate access to insolvency proceedings in self-administration.
However, the mitigation only relates to the reason for insolvency in the form of over-indebtedness (pursuant to Section 19 (2) InsO). If the company is already insolvent, an insolvency petition must still be filed.