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| INDUSTRIAL ESCROW | eDISCOVERY & CYBERFORENSICS | DATA ESCROW |
| INVESTOR ESCROW |
| Insolvenzfestigkeit |
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An often not outspoken question is: can the escrow
agreement be expected to stay in force if bancrupty
(insolvenz) happens and the (German) law will not allow
agreements, that were made against creditors in advance.
In other words: an escrow agreement should meet its obligations and purpose in the very case it was made for and should not be worthless in the moment of its purpose. The "making of" can be decisive. Especially German licensees should be aware of this point and should not "knit" their own agreement with their notary. A notary is gemäß III Nr. 1 und 2 Richtlinien BundesNotarOrdnung not allowed to hold s.th. in escrow, if he does not exactly know the essence of the good in escrow. Otherwise people would believe themselves to be safe, but they are not. It is recommended to read the following booklet: " Die Insolvenzfestigkeit der Softwarehinterlegung" by Jörn Oberscheidt, LIT Verlag, 2002. more information also with a click on: Trust & Concerns
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Documents and other products and information
Repositorium Configuration- Management- Repository Digital Timestamp Fingerprinting a file prove that your idea belongs to you Contracts contracts in German, English and French language Verification Honor Declaration Deposit
Certificate References Sample Active Escrow Report Files and development Statistics Trust & Concerns Is source code released from escrow usable? |
Recommended Reading
How does an escrow agreement meet its legal obligation in Germany... |
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Source code is the crown jewel of the software company |