English / German
Dispute Resolution - Financial Services and Insurance Law - Insolvency Law & Restructuring
Frank R. Primozic is Partner at ADVANT Beiten's Frankfurt office and member of the practice group Banking, Finance & Restructuring. Additionally he is working in the competence area of Restructuring, Recapitalization and Insolvency. He is specialised in insolvency-related issues and renders advice on collateralised financings, the relating securities and their realisation within and outside of opened insolvency proceedings. In these areas Frank Primozic provides legal advice and represents insolvency administrators, creditors and other parties involved in corporate insolvencies.
After his legal studies at Freie Universität Berlin and legal training at the Regional Court of Darmstadt (Second State Examination 1997) Frank Primozic worked in his own regional law office. In 2001, he joined ADVANT Beiten. Frank Primozic is qualified and admitted as a tax law specialist since 2004 and as a commercial and corporate law specialist since 2007.
Books:
Co-editor of the handbook "Insolvenzrecht in der Gestaltungspraxis" (Insolvency Law in Practice)
Co-editor and Co-author of the handbook "Die Verbriefungstransaktion - Forderungsbasierte Unternehmensfinanzierung am Kapitalmarkt" (The Securitisation Transaction - Asset-based financing of enterprises at the capital market)
Publications:
“The assertion of the nullity of the annual financial statements in insolvency proceedings”
Offprint from “Notaries as mentors in corporate law”, p. 781 ff., co-author Rüdiger Wienberg
“Managing director liability proceedings of the insolvency administrator - no usability of the expert opinion if the inspected documents are destroyed”
NZI 2024, p. 855 ff., co-author Haide Spanier
"Framing"
Restructuring Business, 4/15 November 2022, pp. 30-32, co-author Best Bal
"Coverage action against D&O insurance for payment after insolvency maturity - concept of damages"
NZI 2022, p. 489-502, Co-author Haide Spanier
"Insolvency administrator and data protection"
Rustructuring Business, Edition 1/1 March 2022, p. 6-8, Co-Author Heinrich Meyer
"Insolvency administrator's duty to provide information on debtor data under the GDPR"
NZI 2022, p. 197-200, Co-Author Susanne Klein
"Application of §135 InsO in case of distribution resolution after Profit carried forward"
NZI 2021, p. 980-984
"Powers of the insolvency administrator in the event of realisation of the name of a public limited company (Aktiengesellschaft)"; Comment on the decision of the Federal Court of Justice of 26 November 2019 - II ZB 21/17, NZI, p. 239-240
"The Expansion of the Liability for Destruction of the Economic Basis (Existenzvernichtungshaftung) through the Federal Supreme Court and the Repercussions on Structuring under Corporate Law"
NZI 2019, p. 266-273, Co-Author Dr Moritz Handrup
"On the Scope of Coverage of the Directors' and Officers' Insurance"
ZInsO 46/2018, p. 2509-2512; Co-Author Nicolas Nöller
"The Rulings of the Federal Court of Justice on the Invalidity of Close-out Netting Regulations in Master Agreement for Financial Derivatives Transactions"
WM 2016 - Zeitschrift für Wirtschafts- und Bankrecht, No. 44, p. 2110 et seq., Co-Author Joel Felix Schaaf
"Renaissance of the Qualified Subordination of Claims, or Babylonian Speech Confusion?"
ZInsO 26/2015, p. 1250-1252; Co-author Anthony Trentin
"GTC Control of Subordination Agreements"
ZInsO 38/2014, p. 1831-1835; Co-author Joel Felix Schaaf
"Builder's Security [Bauhandwerkersicherung] (Sec. 648a BGB) as Grounds for Insolvency?"
BauR 12/2013, pp. 1934 et seq. and ZInsO 3/2014, p. 71 et seq.; Co-author Christina Brugugnone
"The Insolvency Administrator's Realisation Authority With Regards to Pledged Receivables?" , Annotation to Decision of FCJ, of 11 April 2013 – IX ZR 176/11,
NZI 2013, 596, Co-Author Matthias Doetsch
"Managing Director's Liability when Providing Loan Collaterals"
NJW 2013, p. 1709 et seq., Co-author Christina Brugugnone
"Better safe than sorry..., Does the "IKB-Decision" Mark the End of the Securitisation Market?"
Jahrbuch Unternehmensrelevantes Recht 2011/2012, pp. 39-42, Co-author Heinrich Meyer
"Contestability of the Satisfaction of a Claim that has been Assigned for Security Purposes on the Grounds of Discrimination of Creditors"
NZI, 23-2011, p. 927-928, Co-author Dr Marcus Schwab
"The German Act for Further Facilitation of Corporate Restructuring (ESUG): More Creditors’ Influence and Restructuring Opportunities"
DER PLATOW Brief, No. 137, Friday, 25 November 2011, p. 5
"Asset Deals in View of the Current Court Rulings on Avoidance in Insolvency"
NJW, 2010, p. 2922-2925, Co-author Matthias Doetsch
"Facts to be Demonstrated by the Recipient of Gratuitous Services"; Annotation to Decision of FCJ of 17 December 2009 - IX ZR 16/09), Neue Zeitschrift für das Recht der Insolvenz und Sanierung, 08-2010, p. 297-298
"Considerations on Pre-notified Pledges"
NZI, 02-2010, p. 49-51, Co-author Marco Tautorat
"Consent to a Bailiff’s Search as "Legal Act"?"
NZI, 01-2010; p. 15-16
"Insolvency Remoteness of Lease Contracts Concluded Under the Concept of "Bi-Level Leasing""
NZI, 08-2008, p. 465-469
"German Supreme Court Eases Liability of Board Members in Insolvency"
FAZ, 26 September 2007
"Fixing of Excessive Amounts as Security for Cost of Litigation Against Non-Domestic Plaintiffs"
MDR, 2007, p. 188-192, co-author Christoph Broich
"Unlawful Treatment of Non-German Plaintiffs at German Courts"
Legal Tribune, May 2006, p. 3
"Cash-Pooling Versus Factoring?"
NZI, 2005, p. 358-363
"The Treatment of Litigious Legal Relations of a GmbH with Respect to the Obligation to an Insolvency Petition"
GmbHRundschau, 2005, p. 160-164, Co-author Stefan Feckl
"Concerning the Question Whether a German Insolvency Administrator has a Right to Realize Pledged Company Interests"
NZI, 2004, p. 363-367, Co-author Judith Voll
"Finanzsicherheitenrichtlinie" as Disguised Compromise"
Börsen-Zeitung, 14 April 2004
"Privilege of the Banks"
Financial Times Deutschland, 6 May 2003
"Planning in Time is Worthwhile also under Tax Aspects"
Monthly Publications of the Regional Chambers of Industry and Commerce, 2002
""Clean cut", GmbH-sale-liquidation-insolvency petition"
GbmH-Steuerpraxis, 2000, p. 161-166
"Is it Possible that the Provisional Administrator (Nachlasspfleger) of an Estate Asserts Rights to a Compulsory Portion Belonging to an Estate?"
NJW, 2000, p. 711-712
Lectures:
Moderation of the regular discussion series "Frankfurt Restructuring Forum"
