Is corporate restructuring only for insolvent businesses?
No. Restructuring can support growth, simplify a group, separate activities or prepare for a transaction. Financial distress introduces additional issues and urgency, but the legal work still begins with the current structure and intended objective. We tailor the review to the business and proposed measures.
How is this different from distressed financing?
Corporate restructuring addresses changes to entities, ownership, governance, assets and operations. Distressed financing addresses rescue funding, refinancing and the terms agreed with funding counterparties. A recovery plan may need both. We coordinate their legal implementation without treating new financing as a substitute for the wider corporate measures.
Can assets be transferred during a restructuring?
A proposed transfer requires assessment of ownership, contractual restrictions, approvals, creditor rights and other relevant implications. The surrounding circumstances matter, particularly where financial pressure exists. We review the legal position and required documents before the client commits to a transfer sequence.
What should directors consider when a business is under pressure?
Directors should obtain a clear view of the business’s position, decision authority and proposed measures, with the appropriate legal and financial advice. Accurate records and timely assessment matter. We review the corporate and contractual issues within scope and identify questions requiring further specialist input.
Can you support implementation as well as an initial review?
Yes. An engagement can cover the initial legal assessment and continue through negotiation, corporate approvals, agreements and completion of the agreed measures. The scope should identify the workstreams and responsibilities, including the role of financial, tax and operational advisers involved in the restructuring.