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Solve the real problems behind your need for financial restructuring, by using our Operational Restructuring experts to help understand and resolve the root cause
The dynamics that come into play when your organisation is in distress are unlike any other. Continuing to spend your company’s working capital in the same way as you did before a financial restructuring occurred is unlikely to make a loss-making operation profitable again. The focus must be on achieving real change in the way the business operates – which invariably affects legal relationships.
We will help you to be confident through this change. Our lawyers have enormous experience of acting for debtors and counter-parties in negotiating and documenting effective and pragmatic solutions, to put relationships back onto a sound and viable footing.
The affected relationships vary by situation. They will potentially include those with employees, suppliers of products, providers of services, licensors of intellectual property rights, landlords of premises, regulators, trustees of pension funds and commercial customers or clients.
We can help groups of companies seeking to reduce their operations in connection with a financial restructuring, to save cost, to optimise tax efficiency or to prepare for a demerger.
In addition to a high degree of specialist legal knowledge, achieving the best result often requires familiarity with the language and nature of the industry sector that the business operates within. Our lawyers have both, and will help you to understand and navigate the best route forward.
Our work in Operational Restructuring includes:
- Concerning employees, consultations, redundancy programmes, new contracts and the consequences of TUPE
- Commercial contract renegotiation
- Landlord and tenant issues
- Regulatory permissions of all sorts
- Obligations to pension trustees and the role of the Pensions Regulator
- Dependencies within groups of companies, and the implications when these transcend jurisdictional boundaries
- The impact and rationalisation of intra-group payables and receivables
- Making use of and challenging company voluntary arrangements
Many operational restructurings occur in a closed-door environment: unsurprisingly, news of a business having troubles can rapidly worsen them, as the support of customers and suppliers diminish and competitors press home their advantages. We cannot broadcast our successes in this area for fear of damaging the very value we have helped to preserve or create.
Our lawyers have been involved with a wide variety of situations, ranging from groups of more than a hundred companies operating across the planet to single entity operations; and from wholesale shifting of production lines to variation of contractual arrangements.
Who have our Partners worked with?
- Alvarez & Marsal
- Duff & Phelps
- Grant Thornton
- Smith & Williamson