Eschborn/Mainz December 19, 2022: On December 1, 2022, the operations of Aumüller Feuerschutz und Elektrotechnik GmbH were transferred to Aumüller Brandschutz GmbH as part of a transfer-based restructuring by lawyer Dr. Stephan Schlegel.
The BRRS partner was appointed insolvency administrator of Aumüller Feuerschutz und Elektrotechnik GmbH on December 1, 2022, after previously continuing operations as provisional administrator and initiating the transaction process. The shareholder of the transferee is the Käuffer Group from Mainz, Managing Director Mr. Sascha Aumüller.
Shortage of staff as a particular challenge
What is remarkable for Schlegel is the role of Section 613a of the German Civil Code in times of staff shortages: “We had three tentative offers in the sales process. It was essential to all three interested parties that the employees would be transferred. The offers from two interested parties included a success component in that the employees would not only be transferred but would also stay with the transferee for a certain period of time.”
613 a BGB as a design tool
The third interested party was chosen because the employees chose him and he was therefore prepared to make an unconditional offer. The shareholder of the transferee already has a large number of independently operating subsidiaries, which are known to the debtor’s employees as being well managed and run. In addition, the employees recognized an excellent business perspective, opened up by the possibility of more intensive cooperation in this group. At first glance, the transferee offered a lower purchase price than the other two interested parties, but without a success component.
Employees have a say
At a staff meeting, the employees unanimously made it clear that the transfer was only desired to this interested party and, if this were not the case, the objection would be declared in accordance with Section 613a Paragraph 5 BGB, with the result that the employment relationships would not be transferred. As a result, the third offer was the most advantageous and this interested party was awarded the contract.
Section 613 a BGB promotes restructuring!
Insolvency administrator Dr. Schlegel summarizes: “It is important for sales processes in insolvency proceedings that Section 613a BGB cannot be an obstacle to restructuring in times of staff shortages, but rather a positive restructuring instrument. The employees can thus work together and stay together as a team if this is desired. The design is attractive for the buyer because he can look forward to employees who are willing to perform and motivated. In order to achieve such a result, the employees must be informed and involved in the transaction process, for example through staff meetings. A task that I am looking forward to!”