WP 7 Impairment of shareholders rights in restructuring procedures


The interaction of European insolvency rules and national company law rules increases with the implementation of the Restructuring Directive in the member states. The focus of the Working Party is on the effects of restructuring on existing national company law systems, including the position of the IP versus ‘organs’ of a company, including impairment of shareholders’ rights), mutual information sharing e.g. between board and IP, debt-for-equity swaps or rules regarding director’s disqualification.


Stathis Potamitis
Roel Fransis

Current  Projects


Past Projects

The WP started in 2017 with a clear focus on the availability and necessity of a debt-to-equity-swap as a restructuring tool. A survey was conducted regarding the availability of such a tool and its dependence on shareholder consent (Stage 1 survey). The survey led to a draft Report in 2018 before it was decided to pause the project in order to reflect the development of the 2019 Restructuring Directive and its implementation in Member States.

Conferees part of

WP 07 Impairment of shareholders rights in restructuring procedures

Michal Barlowski -
Pavel Boulatov -
Rolef De Weijs -
Roel Fransis -
Francisco Garcimartin -
Tuomas Hupli -
Ivan Ikrényi -
Stephan Madaus -
Miguel Martínez Muñoz -
Stathis Potamitis -
Juana Pul Pulgar -
Alexander Rokas -
Catarina Serra -
Dominik Skauradszun -
Petr Sprinz -
Lorenzo Stanghellini -
Annemari Õunpuu -
Đuro M. Đurić -