Restructurings & Reorganisations
Restructurings and reorganisations are complex processes. If your company or one of its divisions is faced with financial difficulties, the question presents itself whether your company or the division in question can be made healthy again. It is essential that you obtain advice in good time. You should preferably engage Brouwer Legal before the ship is taking in water and sinking. One of the reasons why restructurings and reorganisations are so complex is the diversity of the interests involved. Managing directors, shareholders, supervisory directors, works councils, trade unions and financiers all have their own interests. It takes a great deal of experience, practical understanding and skill to persuade all of them of the need to take measures. It also requires knowledge of commercial law, company law, employment law, tax law and business economics. Brouwer Legal has the expertise and experience required and can supervise the restructuring and reorganisation process.
Restructurings and reorganisations can be organised in different ways and the scope of the measures to be taken will differ in each individual case. Successfully offering a voluntary arrangement with creditors may already have the desired effect. A solution can sometimes be found by applying for a suspension of payment or insolvency or by selling a division. Brouwer Legal has relevant expertise and experience in the field of insolvency law. That allows us to estimate whether insolvency is the best solution and whether a restart can be achieved by means of a pre-pack process. It is also important to check whether divisions within a group can be separated, to prevent a loss-making division from dragging down the entire group. The reason why the company was faced with financial difficulties and the risk of officers’ and directors’ liability must also be investigated. Brouwer Legal specialises in all of these subjects, also if they occur in an international context.