Munich Court opens insolvency proceedings regarding Wirecard AG assets

Maria Nikolova

Terminations need to be made both with regard to the infrastructure (real estate rental and leasing contracts) and for around 730 employees.

Today, the Local Court of Munich opened insolvency proceedings regarding the assets of Wirecard AG and six other German Wirecard companies. The Court also appointed Dr. jur Michael Jaffé of the law firm JAFFÉ Rechtsanwälte as insolvency administrator. As a result, the power of disposal over the assets of the insolvent companies is transferred to the insolvency administrator.

This also marks the end of the insolvency payment period meaning Wirecard AG and the other insolvent companies will have to generate and pay their own wages and salaries again from this date. At the time of filing for insolvency at the end of June 2020, no liquidity was available for this purpose. Thanks to the preliminary insolvency administration, the ongoing business was stabilized.

However, with the opening of the insolvency proceedings, the existing structures will have to be resized. The company had stacked up resources for a supposed growth and had created considerable overcapacities by acquiring numerous companies whose integration had not or only slowly been pursued. These factors led to high losses and to a significant disproportion between the available resources and those actually required on the group level.

Against this background, far-reaching cuts will be necessary in order to make any kind of continuation possible and to maintain the option of exploiting Wirecard AG’s core business, the so-called acquiring and issuing business. Terminations need to be made both with regard to the infrastructure (real estate rental and leasing contracts) and for around 730 employees. As a result however, 570 members of staff (350 thereof in the insolvent entities and 220 in the solvent Wirecard Bank AG) are able to remain in employment in Aschheim. The Management Board contracts will also be terminated due to insolvency.

“In the sales process for the core business, which also includes the solvent Wirecard Bank AG, we are currently in negotiations with several well-known interested parties regarding an acquisition. The proceeds from the sale will benefit the creditors,” emphasized insolvency administrator Dr. Michael Jaffé.

In addition, the investor processes for the independent international affiliates are moving quickly. A few days ago, an agreement on the sale of Wirecard Brazil S.A. was signed. The sales process for the subsidiary Wirecard North America Inc. is also well advanced. The liquidation processes for the other Wirecard affiliates worldwide are also making progress.

On November 18, 2020, the first creditors’ meeting, the so-called report meeting, will take place. The participation of the creditors is not mandatory. The insolvency administrator will provide the creditors with a written report, which will also be available in the creditor information system.

With the opening of the insolvency proceedings, the creditors of Wirecard AG as well as of the insolvent Wirecard Technologies GmbH, Wirecard Issuing Technologies GmbH, Wirecard Service Technologies GmbH, Wirecard Acceptance Technologies GmbH, Wirecard Sales International Holding GmbH and Wirecard Global Sales GmbH can now also file their claims for the insolvency table in the respective proceedings with the insolvency administrator.

The competent Munich Local Court set a deadline for this purpose of October 20, 2020.

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