- Formation of a business – choosing a business medium, name, registration & constitutional requirements etc.
- Business ownership, management and administration – directors duties, service level agreements, company records and filing requirements, board/shareholder meetings and decision making, shareholder agreements and share capital issues etc.
- Commercial transactions – Advertising and marketing, agency, distribution and franchising, bailment, drafting and negotiating contracts, guarantees and indemnities, assignments, novations, VAT planning, debt recovery, execution of deeds and documents.
- Protecting & exploiting intellectual property – brand protection, enforcing rights, exploiting rights, ownership of rights.
- Corporate transactions – business and asset sales, buying and selling companies.
- Debt finance – debt factoring for lenders and borrowers, guarantees, raising and providing debt finance, taking security, debentures, mortgages, charges etc.
- Equity finance/Investors – private equity, venture capital and MBOs, issuing new share capital, joint ventures.
- Share buybacks and reductions of capital
- Restructuring – intra-group reorganisations, asset acquisitions, debt restructuring
- Representation at board meetings
- Strategic business support
- Commercial negotiations
We have strong relationships with lenders specialising in:
- Commercial and Investment mortgages
- Cash flow finance, Invoice discounting, Factoring
- Asset based finance, Leasing, Hire Purchase
- Short term loans
- Bridging finance
- Development finance
- Finance solutions for distressed businesses
In our experience many owner directors will not have received any formal structured training on the specific techniques and knowledge needed when a business is in difficulty. Many will only resort to seeking help when the difficulties have become severe and distress and crisis has ensued risking their own livelihoods and the livelihoods of others.
Unlike insolvency practitioners who are under a legal duty to be independent and act in the best interests of the creditors we are firmly on your side.
It is important to seek out and receive expert advice and find the real experts you need with the real expertise that they claim they have.
We deal with all key issues affecting restructuring and insolvency including (not an exhaustive list):
- Customer Contracts
- Supplier Contracts
- Retention of Title issues
- Personal Guarantees
- Licensing Issues
- Deal Structures
- Payment Terms
- Acquisition of name and goodwill
- 216 issues
- Debtor collection structures
- Commercial Records & Customer Lists
- Data Protection issues
- TUPE and how to deal with all the key issues
- Finance agreements and leased assets
- Release of existing security
- Finance for the turnaround, restructured and phoenix company
- Constitutional governance
- Security for new further investments
- Liabilities acquired through a restructuring
- Legal issues and claims and proceedings
- Directors Duties & Liabilities
Our objective is for you to avoid a formal insolvency wherever possible but whether a restructuring process entails a formal insolvency or not we will continue to work with you beyond a restructure or rescue to build and develop your business to enable you to maximise your best prospects of success and minimise risk.
Ultimately the choices are simple and in decreasing order of attractiveness:
- fix the business and retain it and develop it (whether through a one off specifically designed project; a turnaround | restructuring (with or without a formal process)
- fix it and sell it
- leave it and sell it (“the accelerated disposal process”)
- leave it and let it be sold by a insolvency practitioner (to a third party purchaser or closed)