Restructuring
Restructuring involves developing and implementing a strategy which helps a financially distressed business (and its creditors) recover and avoid liquidation.
If a company is facing financial difficulties, we can work with you to proactively implement a successful turnaround and restructuring strategy to save your business.
Our lawyers can assist with:
- Formal and informal negotiations with key stakeholders
- Advising in relation to a restructure through the voluntary administration process
- Assisting to propose a deed of company arrangement
In particular, our lawyers can assist with restructuring through the Voluntary Administration process, which is where an independent insolvency accountant known as an ‘Administrator’ is appointed and takes control of a company to recommend and call a vote on the future of the company, ie. whether the company should:
- Be returned to the director/s
- Enter into a Deed of Company Arrangement (commonly referred to as a ‘DOCA’)
- Be placed into liquidation
A DOCA is one the outcomes of the Voluntary Administration process. This is where a ‘Deed Administrator’ manages a contractual arrangement between the company and its creditors. The usual objective of a DOCA is to generate a pool of funds which can then be distributed to creditors to satisfy their claims against the company, after which the company is returned to the control of the director/s.
We understand the complex environment, and various interests which must be managed in formal and informal restructures.
Contact Gear & Co to find out how we can assist you.