In a recent decision (1), the Supreme Court upheld the admissibility and validity of qualified subordination agreements contained in terms and conditions and transactions with consumers. In addition, the Supreme Court found that qualified subordination agreements – particularly those involving loan contracts – created a certain type of contract. Unsecured unsecured bonds are considered subordinated secured bonds. If the company made its interest payments insolvent as a result of bankruptcy, secured bondholders would repay their loans to unsecured bondholders. The interest rate on unsecured bonds is generally higher than that of secured bonds, which generates higher returns for the investor if the issuer improves its payments. The law provides that the board of directors may refrain from notifying the judge if the amount of subordinated receivables is or exceeds the capital deficit. The text of Article 725 II CO does not specify whether the deficit should be assessed to determine the amount of subordination required for the outstanding values of concern or liquidation. The issue is controversial. Some authors argue that in addition to the capital deficit, the amount of subordination should cover at least part of the social capital. A 2003 Bundesgerichtshof ruling on the termination of a subordination agreement shows that it is permissible to value assets at interest if the company is supposed to exceed the state of over-indebtedness.
If this is not the case, for example. B due to the company`s liquidity problems, a settlement based on ongoing concerns is no longer permitted. In such a case, the extent of the subordination of the receivables required to liquidation values must be calculated, which generally makes restructuring impossible. The current opinion of the auditors plays an important role in the cessation of subordination and possible restructuring. Different companies or individuals turn to credit institutions to borrow money. Creditors receive interest expense Interest expense Interest expense is generated by a company that funds debts or capital leases. Interest is in the profit and loss account, but can also be calculated on the debt plan. The calendar should describe all the large debts that a company has on its balance sheet and calculate interest by multiplying them in compensation until the borrower is not late in repaying the debt. A creditor may need a subordination agreement to pay interest, provided that the borrower may in future transfer additional pawn rights to his assets.