Business Restructure And Advisory

Our Firm has built its formidable reputation in the area of Business Restructure and Advisory services through both an expert legal and business minded approach.  Our team uses its extensive experience to identify options and recommend and implement cost effective solutions that add real value particularly in times when it is needed most.

We have extensive experience in providing advice and strategic support to distressed companies and businesses. Companies facing financial difficulties or legal issues need advisors they can rely on and who fully understand and have the experience to meet those particular challenges.  Our Partner lead focus means you always deal with the most experienced individuals on the team.  In addition, our team works with other multi-disciplinary members of the Firm, including Finance, Property and Corporate to ensure that both the full skill and knowledge base are utilised for our clients.

What are the potential issues that clients face?

  • The business needs money but cannot attract investment due to its debts or highly leveraged balance sheet.
  • The businesses distressed and running out of money. It cannot pay its suppliers within its commercial terms and is in danger of general credit default.
  • Debtors have defaulted and as a result your businesses cash flow is impacted.
  • You are a director of the business with debt issues and are concerned for your own position.
  • Due to Covid 19 restrictions the business is heavily impacted and its turnover compressed. In addition, landlords may be refusing to reduce rent and a default as a result is imminent.
  • Lenders have refused to extend credit facilities including overdrafts possibly for no other reason than fear over how Covid 19 might impact the business

Clarke Jeffers understands SMEs (We are one!) We understand the emotion involved in volatile situations and are committed to providing the most experienced, professional and value adding advice possible.

Being successful at saving a company or a business means being able to understand its importance to the client and fully appreciating what is at stake.  This coupled with knowledge and experience is effectively a commercial lifeboat right when it is needed.”

-Victor Clarke, Managing Partner.

We advise clients in the following areas:

  • Examinership & Examinership Lite.

  • Solvent & Insolvent liquidations

  • Winding up Petitions

  • Restructuring negotiation & implementation, including schemes of arrangement (Both Informal & Formal Court based schemes)

  • Advising directors & other stakeholders of financially distressed companies on insolvency risk, corporate recovery/ rescue options and directors’ duties

  • Taking formal enforcement action on behalf of secured creditors

  • Out of court rescheduling and debt restructurings

  • Advising equity investors and acquisition parties investing in distressed companies and businesses

  • Bankruptcy and other debt restructuring arrangements

  • Practical, commercial, legal support to boards of company directors faced with financial difficulty to try and ensure that they comply with their duties

FAQs

View our frequently asked questions.

The general test in law for insolvency is that a company cannot discharge its debts as they fall due.

The duty in a solvent company is owed to the shareholders. However, once a company becomes insolvent the duty switches to the creditors.

There are procedures under law aimed at saving viable but sinking business such as Examinership. Not nearly as complicated or expensive as you might think. Such a rescue option is designed to save insolvent companies that have (subject to the removal of certain inhibiting factors including historical debt or excessive rent) a good chance of surviving.

Sometimes the real problem is not the obvious problem. Our firm has extensive experience at identifying the underlying issues which need to be addressed. Addressing these issues can often release the pressure on cash flow and even reduce future outgoings.

Now! If your business is in trouble, then waiting to see what happens is the worst strategy you can employ.  Professional and experienced advice can often identify solutions provided the problem is caught in time.

Examinership (and Examinership lite for SME) is designed to save viable business by removing the inhibiting factor. In this case a Lease.  A successful Examinership application could see the business legally extracted from the expensive Lease and permitted to re locate somewhere more affordable.

OUR KEY STAFF

Learn more about our key staff in this area.

William Clarke | Commercial Solicitors Dublin

Victor Clarke

Victor Clarke
Breda Storey | Commercial Solicitors Dublin

Breda Storey

Breda Storey
Victor Clarke | Commercial Solicitors Dublin

Victoria Clarke

Victoria Clarke

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