Secure procedural data first
Save the opening order, case reference, administrator and published notices.
Insolvency proceedings
Insolvency administrator appointed: which records and information to organise first
Legal guidance on procedural stage, original records and open questions in Austrian insolvency law for creditors and contractual partners.
Your insolvency law team
BRANDAUER Rechtsanwälte
Insolvency law, Salzburg and throughout Austria
We review the procedural status, contracts, payment records and security, then explain which legal question needs to be addressed next.
4 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
When proceedings open, the insolvency court appoints an administrator ex officio. Financial position, estate, management and open questions now need a traceable file structure.
Section 81a IO requires an immediate review of the financial position and prior management. Section 99 IO requires the debtor to provide explanations needed for the administration.
This article concerns the first file structure after appointment, not later claim testing or the realisation of individual assets.
First file structure
Which records answer the first procedural questions?
Financial position, estate, management and third-party interests need separate evidence.
| Review area | Records | Core question |
|---|---|---|
| Opening data | Order, case reference, contacts | Is the procedural stage evidenced? |
| Rights and duties | Contracts, claims, security | Which legal position is affected? |
| Evidence | Accounting, letters, payment records | Which fact can be proved? |
The concrete file list depends on legal form, business and procedural stage.
Prioritise records
Which information stream is still open?
The check orders the next document group but does not replace legal review.
Discuss the specific matter with the firm.
Are the opening order, case reference and procedural contacts recorded completely?
Your answers
Review the documents
Record the estate item by item
Record title, possession, location, security and third-party rights for each asset.
Document management information
Keep accounting, contracts, resolutions and open questions by responsibility.
Continue the organised file
Record the data date, new documents and open review tasks continuously.
Separate appointment from the first information review
Separate appointment from the first information review
Under section 80 IO, the court appoints an administrator ex officio when proceedings open. Appointment starts administration but does not decide how each asset, claim or liability will be treated.
Section 81a IO identifies the financial position, prior management, causes of asset deterioration and third-party guarantees as initial fields.
Do not infer the estate from totals alone
Do not infer the estate from totals alone
The estate review needs assets, rights and claims with title, location, security and realisation information. A balance-sheet entry does not answer who may seek return or realise an asset.
For retention of title or separation rights, keep the item, legal basis and possession separately documented.
Make management information traceable
Make management information traceable
Section 99 IO requires the debtor to provide explanations necessary for administration. Questions, answers, records and open points should be kept separately.
The file may include accounting, contracts, accounts, corporate resolutions and crisis communications. It makes the contemporaneous information reviewable but does not automatically determine liability.
Transmit creditor interests in an organised way
Transmit creditor interests in an organised way
Creditors should summarise claim basis, rank, security, evidence and the specific issue to clarify. Individual requests do not replace structured procedural communication.
Under section 81 IO, the administrator safeguards the common interests of participants and keeps accounts of the administration.
Do not replace a concrete file with general information: Link each statement to a document, date and asset or transaction.
FAQ
Common questions about an insolvency administrator
Who appoints the insolvency administrator? +
The insolvency court appoints the administrator ex officio when proceedings open under section 80 IO.
What information must the debtor provide? +
The explanations necessary for administration under section 99 IO; the concrete list depends on the case.
Do all items at the premises automatically belong to the estate? +
No. Title, possession and third-party rights must be reviewed for the specific item.
What should a creditor organise first? +
The claim basis, rank, security, evidence, procedural data and the specific question.
Further reading
Review role, estate and claim together
Topics
Insolvency administratorInsolvency estateInformation dutyCreditors
Would you like us to review a claim, owned goods or a decision in a business crisis?
Tell us your role, the business concerned and the procedural status. We respond within one business day.
Direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000