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Restructuring and Insolvency

Restructuring, although often a complex process, can provide a way for an organisation that finds itself in financial difficulty or consistently under-performing to recover and return to profitability.

Our restructuring solutions are tailored to meet your company’s unique needs and our highly-qualified, commercially experienced solicitors can advise you on the best way forward for your business.

We can provide clear, comprehensive advice on:

Directors’ Duties During Restructuring

Directors of a company in financial distress find that, by law, their duties may shift away from the best interests of the shareholders and find they must direct their duties towards the company’s creditors as a whole (known as insolvency duties).  At Saracens Solicitors we can advise you on the best strategic methods to comply with these duties.  It is vital that you obtain legal advice on your duties owed as a director, as breach of these duties may result in personal liability or even criminal prosecution.

Debt and Equity Rescheduling and Refinancing

Our commercial team can advise and renegotiate your existing loans, extend maturity dates or negotiate waivers of debt in some circumstances.  We also have experience on managing debt to equity conversions.

Contingency and Exit Planning

The restructuring of a company generally occurs in three distinct stages which are known as the:

  • Stabilising phase
  • Preparation phase
  • Implementation phase

We can advise and help work alongside you when developing the strategies for each one of these phases and carefully consider the legal ramifications.

Dispute Resolution

Our commercial team will ensure the Restructuring Agreement contains an unambiguous disputes resolution process which can be easily followed by all parties to the agreement.  They can also work with our litigation and alternative disputes resolution team to manage a conflict should one arise, thereby preventing delays in the company’s recover due to deadlocks between parties.

Distressed Mergers & Acquisitions

Distressed companies involved in a merger or acquisition can face all kinds of pressures and challenges.  From having to sell assets quickly to navigating the deal after key staff members have departed, organisations in this position need the advice of solicitors experienced in accelerated mergers & acquisitions who can maximise returns for shareholders within tight timeframes.  Our commercial team can provide you with this expertise and deliver competent solutions and advice that will far exceed your initial expectations.

To talk to us more about company restructuring phone our London office on 020 3588 3500 to speak directly to one of our commercial solicitors or fill in our call back form and we will be in touch in a manner convenient to you.

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