Insolvency law regulates in particular the requirements and procedural rules of (provisional) insolvency proceedings. The mandatory grounds for filing for insolvency include insolvency (Section 17 InsO) and over-indebtedness (Section 19 InsO). If there is only a threat of insolvency (Section 18 InsO), an application for insolvency can be filed, but – unlike in the case of insolvency or over-indebtedness – there is no obligation to file for insolvency. obligation to apply of the management (or in the case of non-management: of the shareholder(s)). The Insolvency Code and the corresponding company law standards stipulate, in particular, monitoring duties of the managing directors with regard to the existence of mandatory grounds for filing for insolvency and link the breach of these duties to consequences under liability and criminal law (delay in filing for insolvency, personal liability of the managing director, possibly liability for fraudulent inducement). Insolvency criminal law (Sections 283 et seq. of the German Criminal Code (StGB)) also sanctions, in particular, asset transfers during a company’s economic crisis and, for example, breaches of accounting obligations. Furthermore, substantive insolvency law also contains provisions that primarily serve to take account of the principle of equal treatment of creditors. These include the law on avoidance in insolvency (Sections 129 et seq. InsO), but also the prohibitions on offsetting under insolvency law (Sections 95, 96 InsO), which are aimed in particular at reversing creditor-disadvantageous shifts in assets in the interests of the creditor community.