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During restructuring and insolvency, the need for experienced legal guidance cannot be overstated. At Coutts, our dedicated team possesses a wealth of expertise and a profound comprehension of contract intricacies. Discover how Coutts can provide you with the guidance you need to navigate the intricacies of restructuring and insolvency seamlessly.

Adriana Care

Adriana Care
Managing Partner

Book Your Restructuring & Insolvency Consultation Now

It is important to have access to commercial advice in times of insolvency

Businesses confronted by the financial crisis and in need of assistance in responding to increasing debt obligations may benefit from a corporate restructure.

Coutts can guide business owners through these difficult times to reduce their debt and aid recovery whilst preserving the operations of the company and protecting valuable business assets. Coutts can provide advice as to how to best handle these scenarios and avoid them from reoccurring. Coutts is able to deliver full-service advice with advice from the employment, disputes and transactions teams to restart your business.

Coutts can advise you on the following:

Bankruptcy, receivership, voluntary administration, and liquidation

Coutts offers guidance throughout the entire insolvency process, ensuring stakeholders are well-informed about their rights and responsibilities.

Corporate recovery, workout arrangements, and schemes of arrangement

We assist in developing strategies for companies facing distress, helping to chart a course towards financial stability.

Applications for the appointment of a liquidator, provisional liquidator, and receiver or trustee

Our team ensures these critical applications align with legal requirements, maximising the likelihood of successful outcomes. We work closely with company accountants, liquidators and trustees to ensure that the right team are appointed when a business is in crisis.

Share transfers

Beyond simple transactions, Coutts facilitates strategic share transfers that align with broader business objectives.

Creditor negotiations

We advocate for the best possible terms for our clients, ensuring their interests are represented during creditor discussions working closely with a business’ company accountant.

Employment issues arising from insolvency

We navigate the complexities of employment considerations during insolvency scenarios.

Property and lease issues arising out of insolvencyf

We manage the intricacies of property assets and lease agreements affected by financial distress, ensuring compliance and minimising risks.

Distressed and insolvent trading

Our experts provide insights on trading strategies during tumultuous periods, safeguarding against potential pitfalls.

Breaches of directors’ duties

Identifying and addressing instances where directors might have deviated from their obligations.

Corporate reconstruction

We implement effective corporate revamps, enabling businesses to emerge stronger post-distress.

Issues of priority arising out of competing interests of various parties, registered and unregistered securities

We navigate the maze of competing interests, ensuring our client’s priorities are upheld.

The sale of property and businesses for insolvent entities

We facilitate seamless transactions, maximising value recovery during financially turbulent times.

Business and asset management

Our expertise ensures the most effective use and management of your assets, even in challenging economic conditions including providing practical advice on how to protect your asset portfolio.

Mergers, acquisitions and due diligence

Coutts conducts meticulous due diligence processes, ensuring that mergers and acquisitions are strategic, beneficial, and risk averse.

What to Expect with Coutts Lawyers

Step 1: Initial Contact

Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.

Step 2: Consultation Appointment

Schedule and attend a meeting with a Coutts lawyer / Conveyancer to discuss the specifics of your matter and desired outcomes.

Step 3: Information & Legal Advice

Share all related documents and information. Your lawyer / Conveyancer will review everything, clarify aspects as needed, and then advise on the best action course.

Step 4: Action Plan Development

Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.

Step 5: Implementation

Execute the action plan, addressing a range of legal scenarios as necessary.

Step 6: Resolution & Closure

Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer / Conveyancer will outline any final actions or considerations.

Book Your Restructuring & Insolvency Consultation Now

Introducing Adriana

Your Compassionate Lawyer

Meet Adriana, The Managing Partner at Coutts Lawyers & Conveyancers, and the head of our esteemed Property and Commercial Law teams. With over twenty years of expertise, Adriana’s profound experience has fostered unwavering trust among her clients and solidified her esteemed standing within the Macarthur community. Her stature as an authority in Property and Commercial law is well-established.

Adriana Care - Commercial Law Expert
Adriana Care - Commercial Law Expert

Connect with Adriana Today

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Restructuring & Insolvency FAQ’s

Restructuring involves making changes to the financial and operational structure of a company to improve its financial position and avoid insolvency. Insolvency, on the other hand, occurs when a business is unable to pay its debts and may lead to liquidation. Restructuring is a proactive measure to prevent insolvency.

Businesses in financial distress in Australia can explore various options, including informal workouts, formal voluntary administration, schemes of arrangement, receivership, and liquidation. The choice of option depends on the specific circumstances and goals of the business.

The 2021 insolvency reforms in Australia introduced the SBRP and Simplified Liquidation Process to provide cost-effective and efficient solutions for financially distressed small businesses. These reforms aim to help businesses restructure and continue trading where possible.

Directors and officers have a duty to act in the best interests of the company and its stakeholders. During financial distress, they must consider the interests of creditors and employees. Failure to fulfil their duties may lead to personal liability or legal consequences.

Insolvency practitioners, such as registered liquidators and administrators, play a crucial role in the insolvency process. They are responsible for overseeing the administration, liquidation, or restructuring of businesses, ensuring that the process is conducted in compliance with relevant laws and regulations.

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