| विषय में पृष्ठों की संख्या: < [1 2 3] | My Client Entered a Provisional Insolvency Proceedings विषय पोस्ट करनेवाला व्यक्ति: Yasutomo Kanazawa
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| 'Walking in the dark' | Apr 1, 2024 |
Yasutomo Kanazawa wrote:
I'm not sure if there is still business activity, since I had only one tiny job since they announced their insolvency. They just announced that they entered provisional insolvency proceedings and that's the only information up to this point.
I did some research on the Internet, and there are both people in the industry and writers from "Der Spiegel" breaking news that this company has entered insolvency. But both medias just state the fact about entering insolvency, and nothing else, such as if it is just a debt restructuring or the company is completely bankrupt. There is too little information to reach to a conclusion.
Based on the reactions in this topic, I would guess that many translators will not continue to work for them because they have not been informed about what is really going on.
At www.{company}.com/imprint, you can see the names of the executive directors and a general contact email address. In your place, I would tell them that I want to know how this happened, to see their recent results and the debt overview and to know how they intend to make the company viable as a condition for continuing your guaranteed work. I would also tell them that since they are leaving the translators in the dark while the administrator claims the company needs the translators to help, the company is shooting itself in the foot by not being transparent about the whole situation.
If they ignore you or give you a superficial answer, you may want to consider if you should just ignore them from now on and stop responding to job requests. Or maybe reply to any job requests that your request for information was declined, so you do not feel comfortable taking on more work.
| | | | Yasutomo Kanazawa 
जापान
Local time: 04:13
सदस्य (2005)
अंग्रेजी से जापानी
+ ...
विषय आरंभकर्ता
Thomas T. Frost wrote:
Yasutomo Kanazawa wrote:
Unfortunately, it still doesn't work. I tried double-clicking on it, and I even tried copying & pasting the link but I get the same error message I mentioned earlier.
Strange. I can email them if you reply to the email I have sent you. Try clearing the insolvenzbekanntmachungen.de cookies.
I just replied to your personal message via Proz.
Hopefully, it should be in your inbox already.
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Looking for more information about the company's situation, I didn't find anything new, but stumbled over this website: https://mhl.de/de/wissen/was-tun-bei-insolvenz-eines-kunden.php that gives very detailed general information and advice which you may find useful and helpful to know (in German).
HTH and good luck!
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Christel Zipfel wrote:
Looking for more information about the company's situation, I didn't find anything new, but stumbled over this website: https://mhl.de/de/wissen/was-tun-bei-insolvenz-eines-kunden.php that gives very detailed general information and advice which you may find useful and helpful to know (in German).
HTH and good luck!
It says (Chrome-translated to English): 'Business partners can still avoid bad debts under certain circumstances: If they have security interests in the rights or assets of their customers, they can exploit them.
Security interests are, for example retention of title to delivered goods'
This may be worth exploring. If the translations have not been paid, the translator probably still owns the copyright and could act against use of the translations by the insolvent company's partners.
[Edited at 2024-04-01 16:58 GMT]
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Yasutomo Kanazawa
जापान
Local time: 04:13
सदस्य (2005)
अंग्रेजी से जापानी
+ ...
विषय आरंभकर्ता
Christel Zipfel wrote:
Looking for more information about the company's situation, I didn't find anything new, but stumbled over this website: https://mhl.de/de/wissen/was-tun-bei-insolvenz-eines-kunden.php that gives very detailed general information and advice which you may find useful and helpful to know (in German).
HTH and good luck!
Thanks for the link, Christel.
This should shed more light on my present situation.
| | | | Yasutomo Kanazawa
जापान
Local time: 04:13
सदस्य (2005)
अंग्रेजी से जापानी
+ ...
विषय आरंभकर्ता
Thomas T. Frost wrote:
Christel Zipfel wrote:
Looking for more information about the company's situation, I didn't find anything new, but stumbled over this website: https://mhl.de/de/wissen/was-tun-bei-insolvenz-eines-kunden.php that gives very detailed general information and advice which you may find useful and helpful to know (in German).
HTH and good luck!
It says (Chrome-translated to English): 'Business partners can still avoid bad debts under certain circumstances: If they have security interests in the rights or assets of their customers, they can exploit them.
Security interests are, for example retention of title to delivered goods'
This may be worth exploiting. If the translations have not been paid, the translator probably still owns the copyright and could act against use of the translations by the insolvent company's partners.
Yes, I was thinking about claiming my rights to the translations (actually MTPE jobs) which I delivered during the time of Feb. 1 ~ Feb. 26.
I've read many forums on Proz about people giving advice to people who were in a similar situation or people who had trouble getting paid from their clients. Luckily enough, I know the end client whom I worked for during the mentioned period, and if I could get in touch with them (they too should be aware that the company which they outsourced the job to has entered provisional insolvency), I guess it would be easier to explain to them that money hasn't been paid to the translators (I know that I'm not the only one. There are at least 10 translators involved, each in different language pairs), so I hope I wouldn't have to explain from the beginning.
| | | | | Right of separation | Apr 1, 2024 |
Yasutomo Kanazawa wrote:
Yes, I was thinking about claiming my rights to the translations (actually MTPE jobs) which I delivered during the time of Feb. 1 ~ Feb. 26.
I've read many forums on Proz about people giving advice to people who were in a similar situation or people who had trouble getting paid from their clients. Luckily enough, I know the end client whom I worked for during the mentioned period, and if I could get in touch with them (they too should be aware that the company which they outsourced the job to has entered provisional insolvency), I guess it would be easier to explain to them that money hasn't been paid to the translators (I know that I'm not the only one. There are at least 10 translators involved, each in different language pairs), so I hope I wouldn't have to explain from the beginning.
That is one avenue, but the interesting thing is that the article continues:
'These security interests grant business partners a so-called right of separation in the event of their customers' insolvency. This applies if the security interests have not already been exploited. The right of separation then means that the secured business partner receives the remaining proceeds from the realization of the security interest after deduction of the realization costs up to the amount of his claim against the customer.'
You would have to notify the administrator about this. But since this is getting quite legal, I also emailed you the contact details of an English-speaking German solicitor that has provided services to me in the past and who I trust. I think it would be a good idea to ask his opinion so you can do things right.
| | | | Jeff Whittaker
संयुक्त राज्य अमरीका
Local time: 14:13
स्पेनी से अंग्रेजी
+ ...
Tell them that you would certainly be willing to continue working with them, but that given recent developments, you would have to receive payment in full for past projects before excepting any new ones.
Then, once they've paid, it's up to you whether or not you wish to actually accept any further work from them and accept the possibility that you may not be paid and/or inform them (but only after you've been paid for past projects) that you want to be paid in advance moving forward... See more Tell them that you would certainly be willing to continue working with them, but that given recent developments, you would have to receive payment in full for past projects before excepting any new ones.
Then, once they've paid, it's up to you whether or not you wish to actually accept any further work from them and accept the possibility that you may not be paid and/or inform them (but only after you've been paid for past projects) that you want to be paid in advance moving forward.
[Edited at 2024-04-03 18:46 GMT] ▲ Collapse
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| Not an option right now | Apr 3, 2024 |
Jeff Whittaker wrote:
Tell them that you would certainly be willing to continue working with them, but that given recent developments, you would have to receive payment in full for past projects before excepting any new ones.
The right to pay has been transferred to the administrator, and the company would be in breach of the court order if they started paying just like that. It's simply not a legal option, so it would be a pointless email.
The right of separation mentioned in the article Christel posted could potentially result in payment, though, but a request would have to be made to the administrator, which is why it's best to get some legal advice at this stage.
| | | | Thomas Loob
स्वीडन
Local time: 20:13
सदस्य
अंग्रेजी से स्वीडी
+ ...
| Copyright clause | Jun 14, 2024 |
Hello!
I usually try to get a copyright clause in the agreement. Not always succeeded.
The text should be smth like "copyright is transferred upon payment". If the customer/agency don't pay for the work, they haven't any right to the copyright of your work, which means you can sue the end customer for using your copyrighted work without permission (read: payment).
If you don't have such a clause it might work anyway to claim your copyright from the end customer if the courts in... See more Hello!
I usually try to get a copyright clause in the agreement. Not always succeeded.
The text should be smth like "copyright is transferred upon payment". If the customer/agency don't pay for the work, they haven't any right to the copyright of your work, which means you can sue the end customer for using your copyrighted work without permission (read: payment).
If you don't have such a clause it might work anyway to claim your copyright from the end customer if the courts in your country stand on the little person's side.
Good luck! ▲ Collapse
| | | | Yasutomo Kanazawa
जापान
Local time: 04:13
सदस्य (2005)
अंग्रेजी से जापानी
+ ...
विषय आरंभकर्ता | @Thomas Loob | Jun 15, 2024 |
Thomas Loob wrote:
Hello!
I usually try to get a copyright clause in the agreement. Not always succeeded.
The text should be smth like "copyright is transferred upon payment". If the customer/agency don't pay for the work, they haven't any right to the copyright of your work, which means you can sue the end customer for using your copyrighted work without permission (read: payment).
If you don't have such a clause it might work anyway to claim your copyright from the end customer if the courts in your country stand on the little person's side.
Good luck!
I wrote earlier that I have thought about claiming my copyright to the unpaid job I submitted, but I'm still waiting how the insolvency proceedings would go. I don't want to stir things up at the moment, since whether I would be able to receive the outstanding amount or not has not been determined yet. Date is set to August 27th as to whether the administrator will accept or deny the individual claims.
Also, the company in question has been transferred and acquired by a different company headquartered in Dublin, Ireland, with all the staff of the former company being onboard. Maybe I'll get paid by the said date, and I have my fingers crossed. I don't think it would be too late to make a copyright claim after the worst case scenario where my individual claim has been denied and non-payment has been definite.
| | | | Denis Danchenko
युक्रेन
Local time: 21:13
सदस्य (2012)
अंग्रेजी से रूसी
+ ...
| Used to be my client, too. | Aug 28, 2024 |
Yasutomo Kanazawa wrote:
Date is set to August 27th as to whether the administrator will accept or deny the individual claims.
Have they managed to sort this out for you? Their debt to me was not that large, but I was not impressed with how they handled it. Here's one of their replies: 'It does not make much sense for [the new entity] to be held accountable for something that has no relation to this company whatsoever'.
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Yasutomo Kanazawa
जापान
Local time: 04:13
सदस्य (2005)
अंग्रेजी से जापानी
+ ...
विषय आरंभकर्ता | No response yet | Aug 28, 2024 |
Denis Danchenko wrote:
Yasutomo Kanazawa wrote:
Date is set to August 27th as to whether the administrator will accept or deny the individual claims.
Have they managed to sort this out for you? Their debt to me was not that large, but I was not impressed with how they handled it. Here's one of their replies: 'It does not make much sense for [the new entity] to be held accountable for something that has no relation to this company whatsoever'.
I'm still waiting for the administrator's response regarding the outcome of the proceedings which should have been held yesterday, August 27.
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