Interview with lawyer Sascha Borowski on the subject of “Common representative in investor protection in the event of corporate insolvency”
Interviewer: Hello, Mr. Borowski. Today we would like to talk about the role of the common representative in investor protection, particularly in the context of the insolvency of companies such as Credicore Pfandhaus GmbH, which has issued bonds. Can you explain to us what exactly the role of a common representative is in such cases?
Attorney Borowski: Hello. I would be happy to explain. The common representative plays an important role in investor protection, especially when a company that has issued bonds goes bankrupt. In such cases, the common representative represents the interests of all bondholders towards the debtor, i.e. the insolvent company.
Interviewer: How is a common representative determined?
Attorney Borowski: As a rule, the joint representative is elected by the bondholders. This often happens during a meeting of creditors. The representative must represent the interests of the bondholders objectively and independently and should therefore have appropriate experience and specialist knowledge.
Interviewer: What specific tasks does the joint representative have?
Attorney Borowski: The joint representative has several tasks. Firstly, he represents the creditors in negotiations with the debtor and in insolvency proceedings. Secondly, he coordinates the claims and strategies of the bondholders in order to best represent their rights and demands. Third, he can take legal action on behalf of creditors to protect their interests.
Interviewer: How can investors ensure that their interests are well represented?
Attorney Borowski: Investors should actively participate in the creditors’ meetings and get involved in the election of the common representative. It is important that you choose a representative who has experience in such proceedings and who has the necessary assertiveness and legal know-how.
Interviewer: What significance does the common representative have for the overall process of insolvency resolution?
Attorney Borowski: The common representative plays a central role in insolvency proceedings as he bundles and represents the interests of a large group of creditors. This simplifies communication and negotiations with the insolvency administrator and helps bondholders to assert their rights more effectively and uniformly.
Interviewer: Mr. Borowski, thank you very much for this insightful information on the subject of investor protection and the role of the common representative.
Attorney Borowski: It was a pleasure. Investor protection is an important issue and it is essential that investors know and exercise their rights, especially in complex situations such as corporate insolvency.
2023-12-21 05:04:57
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