The Declaration of Solvency Form is a critical document required under German corporate and insolvency law, particularly relevant during significant corporate transactions, restructuring efforts, or when addressing financial concerns. It serves as a formal attestation by company leadership regarding the entity's financial health and ability to meet its obligations. The document requires comprehensive financial analysis, including current assets and liabilities, cash flow projections, and assessment of future business viability. Under German law, this declaration carries significant legal implications, with directors potentially facing personal liability for inaccurate statements. The form must comply with the Insolvenzordnung (InsO) and related corporate legislation, making it a crucial tool for maintaining transparency and protecting stakeholder interests.
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1. Declarant Details: Full legal name, position, and company details of the person making the declaration
2. Company Information: Legal name, registration number, registered office address, and type of company
3. Declaration Statement: Primary statement confirming the company's solvency and ability to pay its debts
4. Financial Position: Current summary of assets and liabilities, confirming positive net asset position
5. Debt Service Capability: Statement regarding ability to service existing and foreseeable debts
6. Going Concern Assessment: Declaration regarding the company's ability to continue operations for the foreseeable future
7. Director's Confirmation: Confirmation that full inquiry into company affairs has been made
8. Statutory Declaration: Formal declaration under penalty of perjury that all statements are true
9. Execution Block: Space for signature, date, and witness/notary attestation
1. Group Company Statement: Additional declarations regarding solvency of group companies and inter-company obligations, required for companies within a corporate group
2. Pending Transactions: Details of any significant pending transactions that could affect solvency, required when major transactions are imminent
3. Contingent Liabilities: Statement regarding guarantees, warranties, or other contingent obligations, recommended when significant contingent liabilities exist
4. Pension Obligations: Details of pension scheme obligations and funding status, required for companies with significant pension commitments
5. Restructuring Measures: Information about ongoing or planned restructuring measures, required when company is undergoing reorganization
1. Schedule A - Balance Sheet: Detailed current balance sheet showing assets and liabilities
2. Schedule B - Cash Flow Projection: 12-month cash flow forecast demonstrating ability to pay debts
3. Schedule C - Creditor List: Complete list of creditors, including amounts owed and payment terms
4. Schedule D - Asset Valuation: Current market valuation of significant company assets
5. Appendix 1 - Supporting Documents: List of reviewed documents used to make the solvency assessment
6. Appendix 2 - Expert Reports: Any independent expert opinions or valuations relied upon
Relevant legal definitions
Company
Directors
Managing Board
Supervisory Board
Insolvency
Balance Sheet Test
Liquidity Test
Assets
Liabilities
Contingent Liabilities
Financial Obligations
Creditors
Debts
Going Concern
Material Adverse Change
Financial Year
Relevant Period
Solvency
Cash Flow Projection
Business Operations
Group Companies
Financial Statements
Working Capital
Ordinary Course of Business
Declaration Date
Effective Date
Material Contracts
Security Interests
Financial Indebtedness
Notary Public
Directors
Managing Board
Supervisory Board
Insolvency
Balance Sheet Test
Liquidity Test
Assets
Liabilities
Contingent Liabilities
Financial Obligations
Creditors
Debts
Going Concern
Material Adverse Change
Financial Year
Relevant Period
Solvency
Cash Flow Projection
Business Operations
Group Companies
Financial Statements
Working Capital
Ordinary Course of Business
Declaration Date
Effective Date
Material Contracts
Security Interests
Financial Indebtedness
Notary Public
Clauses
Declaration of Financial Position
Statement of Assets and Liabilities
Director Responsibility
Legal Compliance
Financial Projections
Going Concern Statement
Debt Service Capability
Contingent Liabilities
Corporate Authority
Truth and Accuracy
Supporting Documentation
Financial Review Period
Director Investigation
Penalty Statement
Witness Attestation
Notarial Certification
Group Company Status
Material Adverse Change
Financial Obligations
Risk Assessment
Statement of Assets and Liabilities
Director Responsibility
Legal Compliance
Financial Projections
Going Concern Statement
Debt Service Capability
Contingent Liabilities
Corporate Authority
Truth and Accuracy
Supporting Documentation
Financial Review Period
Director Investigation
Penalty Statement
Witness Attestation
Notarial Certification
Group Company Status
Material Adverse Change
Financial Obligations
Risk Assessment
Relevant Industries
Financial Services
Manufacturing
Retail
Technology
Real Estate
Construction
Healthcare
Professional Services
Energy
Transportation and Logistics
Telecommunications
Hospitality
Mining and Resources
Agriculture
Media and Entertainment
Relevant Teams
Legal
Finance
Corporate Governance
Compliance
Risk Management
Treasury
Audit
Executive Leadership
Company Secretariat
Corporate Affairs
Accounting
Relevant Roles
Chief Executive Officer
Managing Director
Chief Financial Officer
Finance Director
Board Member
Company Director
Corporate Secretary
Financial Controller
Head of Legal
General Counsel
Compliance Officer
Audit Director
Treasury Manager
Risk Manager
Corporate Governance Officer
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