On Thursday 20 October 2016, numerous guests from leading Austrian and international companies learned first-hand about current trends and new developments regarding "positive going concern statements" in the conference rooms of Cerha Hempel Spiegelfeld Hlawati.
Dr. Hans-Georg KANTNER (Head of Insolvency, KSV 1870) and Mag. Roman PONGRACZ (Partner, GCI Management GmbH) spoke of their practical experience on the subject. Lastly, Dr. Franz Mohr (Federal Ministry of Justice) and Univ.-Prof. Dr. Andreas Konecny (University of Vienna) participated in a discussion moderated by Hon.-Prof. Dr. Irene Welser (partner at CHSH) that examined, among other things, the biggest challenges which are faced in practice as well as future developments. Those present had the good fortune of hearing from Dr. Alfred Brogyányi, head of the working group on the well-known and newly revised "Guidelines for Positive Going Concern Statements", who also took part in the lively discussion.
Dr. Thomas Trettnak (partner at CHSH) added: "What I found particularly interesting this year was the discussion on the meaningfulness of financial calculation methods, the 'Monte Carlo simulation' for instance, used to determine the 'overwhelming probability' of restructuring. Time will tell whether the Supreme Court will also continue to fine tune its case-law that has developed over the past 30 years."