Knowledge · Frequently asked

Answers for first-time buyers

Questions users regularly ask — on research, procedure types, legal structure, negotiation and the Übernahme-Radar product itself.

Geschäftsbesprechung

01Basics

Can anyone buy an insolvent company?

In principle yes. There is no statutory access restriction — individuals, entities, foreign investors. In practice the administrator will check credit, financing evidence and continuation concept. Without those elements no deal will materialise.

What is the difference between insolvency and succession?

In succession, the owner sells a still-active, non-insolvent business — usually due to retirement. In insolvency, the entity is legally in an insolvency proceeding and sold via the administrator or, in Eigenverwaltung, by the debtor under supervision. Negotiation style, pricing and legal structure differ fundamentally.

Do I buy the company or the assets in insolvency?

In regular insolvency almost always the assets (asset deal): brand, inventory, contracts, potentially staff. The insolvent entity remains with its liabilities. Share deals (share acquisition) are exceptions, usually via an insolvency plan.

How long does an insolvency acquisition take?

From first contact to closing typically 8–20 weeks. Very fast deals (operational emergency): 4–6 weeks. Complex corporate cases or real estate: 6–9 months. Substantially faster than normal M&A (6–12 months), but under higher time pressure.

02Research and sources

Where do I find all active insolvencies?

The legally binding primary source is insolvenzbekanntmachungen.de (§ 9 InsO). In practice buyers use aggregated portals like Insolvenz-Radar, InsolvenzIndex or Übernahme-Radar, because the official portal offers no meaningful filters, no enrichment and no alerts.

How many companies go insolvent per day?

In Germany 50–150 cases per business day, depending on the cycle. Of those, 30–60 % corporations (GmbH, UG, AG), the rest individuals and small trades. For buyers, only corporations with a registered structure are practically relevant.

How do I research revenue and staff count of a target?

The Federal Gazette (bundesanzeiger.de) is the primary source for annual accounts of all disclosure-required corporations. The last accounts reveal revenue, EBIT, balance-sheet total and headcount. Lag: 6–15 months after balance-sheet date.

What is a going-concern warning in the Federal Gazette?

The auditor's note that material uncertainties exist regarding the continuation of business activity. For buyers an extremely valuable early signal — it typically appears 6–24 months before insolvency. Buyers who systematically scan for these notes are months ahead in the deal process.

03Procedure types

What is the difference between regular insolvency and Eigenverwaltung?

In regular insolvency the administrator takes disposal rights and monetises the estate. In Eigenverwaltung management stays in office under supervisor oversight. Buyers usually prefer Eigenverwaltung — direct line to management, shorter timelines, more creative structures possible.

What does „preliminary Eigenverwaltung” mean?

The phase between insolvency filing and opening decision during which Eigenverwaltung is already ordered under § 270a InsO. Usually combined with the protective shield procedure (§ 270b InsO). Duration: up to 3 months. Deals are legally possible but must be conditional on opening.

What is a protective-shield procedure?

A special form of preliminary Eigenverwaltung under § 270b InsO. The debtor gets up to 3 months, under a preliminary supervisor, to draft a restructuring plan (insolvency plan). Enforcement is suspended. For buyers more relevant as an investor deal within the later insolvency plan.

What is StaRUG and how does it differ from insolvency?

StaRUG (Stabilisation and Restructuring Act) is an out-of-court restructuring procedure without formal insolvency. The procedure is generally not public, making it hard for buyers to access — deals typically come via direct contact or restructuring advisors, not aggregated insolvency portals.

What is an insolvency plan?

A restructuring instrument under § 217 et seq. InsO. The plan governs debt restructuring, monetisation and — where relevant — going-concern continuation. It can include debt cuts, debt-equity swaps and share transfers to investors. The classic path for share deals out of insolvency. Requires creditor majorities and court confirmation — 6–12 months of runway realistic.

04Legal

Do I take on legacy liabilities as buyer?

In a clean asset deal: no. Legacy liabilities stay with the insolvent entity. Exceptions: § 613a BGB (business transfer for employment), § 25 HGB (business-name continuation — avoidable via liability exclusion in the register), environmental legacy. In a share deal: yes, you take on everything.

What is § 613a BGB and why does it matter?

In a business transfer, employment relationships transfer automatically to the acquirer — including all rights (salary, commitments, holiday). Employees retain all claims against the new employer. Objection possible, but only within a deadline. If you need staff, it's positive. If not, structure very carefully.

How is VAT treated in an asset deal?

Generally subject to VAT (19 %). Exception: transfer of business as a going concern per § 1 (1a) UStG — if a „living business” is transferred as a whole (continuation intent, transfer of essential business assets), the transaction is non-taxable. Must be settled with the tax advisor before signing.

Who is the contractual counterpart in the purchase?

In regular insolvency: the administrator, who legally represents the estate. In Eigenverwaltung: the debtor (company) with supervisor consent and, where applicable, creditors' committee consent. In insolvency-plan deals: the company after plan confirmation. Important for signing authority and challenge rights.

05Practice and negotiation

When should I contact the insolvency administrator?

Not in the week of the opening decision (the administrator is overloaded), but in weeks 2–6 after. During security measures, earlier first contact is sensible for positioning. Detailed guide: Contacting the administrator.

How much does an insolvent GmbH cost?

There is no fixed market price. Asset deals range from symbolic EUR 1 (small webshops without inventory) to several million for machinery. Rule of thumb for online shops: 0.3–0.8× LTM revenue, depending on brand strength and inventory. More important than the absolute price: identify realisable assets and set the right assumptions.

Do I have to sign an NDA?

Yes, usually. After positive administrator feedback the firm sends its standard NDA. These are usually uncontroversial. If you need to share sensitive information (with your tax advisor, lawyer), that must be permitted in the NDA — standard NDAs cover this.

How do I structure the purchase price payment?

Standard is 100 % cash at closing. The administrator wants money for creditors — not in three years. Earn-outs, seller loans or instalments are very rare and usually unsuitable for insolvency. An escrow for trailing claims (typically 10–15 % of the price for 6–12 months) is possible but exceptional.

What happens if multiple parties bid for the same target?

The administrator typically runs a structured bidding process, often with a deadline for written offers. Components: bid price + payment security + timing + continuation concept. The administrator is statutorily bound to the best realisation — the highest price doesn't always win if executability is uncertain.

06About Übernahme-Radar

What does Übernahme-Radar actually do?

We aggregate all German insolvency announcements (§ 9 InsO), commercial-register extracts, Federal Gazette accounts and brand research into a structured dossier per case. Users define a buyer profile in natural language; our platform finds matching cases and notifies on new hits.

Are the dossiers free to access?

Yes. All company dossiers are publicly viewable, no login. Only the personalised match score (buyer-profile matching) and direct administrator contact details are behind the sign-in. The free tier is enough for most users.

Why aggregated portals instead of insolvenzbekanntmachungen.de?

The official portal is legally binding but hard to use in practice: no filters by state/sector/size, no enrichment with commercial register/Federal Gazette, no alerts. Serious buyers need a curated view — hence aggregated providers like us, Insolvenz-Radar or InsolvenzIndex.

What does Übernahme-Radar cost?

Free tier: free, with access to public dossiers and basic alerts. Paid plans from EUR 39/month (Searcher) for advanced filtering, match score and direct administrator contact. Details on the pricing page.

Do I need a credit card to use the free version?

No. Free tier runs indefinitely without a credit card. The 14-day Pro trial also starts without one — if it ends without an active payment method, the account automatically returns to Free. No auto-charge, nothing to cancel.

How are you different from Insolvenz-Radar and InsolvenzIndex?

Three things: (1) Buyer-profile matching — every dossier scored 0–100 vs. your NL profile, no other provider does this. (2) AI Deal Playbook per case (fit, administrator outreach, first email, risks, 90-day plan). (3) Bilingual DE/EN — Insolvenz-Radar is DE-only. Pricing undercuts every Insolvenz-Radar tier by ~20%. Feature comparison on the pricing page.

How fast do new insolvencies appear here after the official publication?

The § 9 InsO scraper runs every 2 hours against insolvenzbekanntmachungen.de, followed by parallel AI enrichment (commercial register, Federal Gazette, brands, website, news) — typically 2–5 minutes per case. Net: new cases with a full dossier show up in the dashboard within ~2 hours of the official publication.

How safe is my data and my buyer profile?

Data storage exclusively in the EU (Supabase Frankfurt). No data sales, no sharing with third parties except technical subprocessors (Supabase, Resend, Anthropic for AI Playbook — all under DPA). Buyer profiles are org-scoped; nobody outside your organisation can see them. Account deletion → immediate, complete deletion of all data. Details in the Privacy Policy.

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