Our Gold Coast lawyers have the ability to provide advice to private business people and corporate clients. We have expertise in assisting clients to undertake and successfully complete corporate restructuring and strategic business development to achieve short-term and long-term goals regardless of their size.
Prevention is better than cure
Our lawyers assist businesses to establish the proper risk management strategies and protocols to avert disaster.
Careful budgeting and financial planning is essential. Having a business recovery strategy in place can assist in the proper maintenance and continuity of a business from the first opportunity after a disaster unfolds. We assist you in identifying and prioritising the assets most critical to your business and planning a course of action to facilitate recovery from different possible scenarios.
Regardless of whether our clients are facing an immediate threat to their financial and corporate stability or are simply conscious of the need to safeguard their assets for the future, our Gold Coast lawyers have the experience and industry know-how to meet your needs. We have the skillset to offer exceptional restructuring and restructuring guidance, coupled with seamless access to our litigation team should the need arise. Ramsden Lawyers offer broad knowledge in distressed situations for creditors, investors and debtors alike and excel in helping you minimise risk.
Understanding your business
Our team takes the time to build a long-term relationship with our clients, priding ourselves on the ability to provide quality practical advice to private business people and corporate clients. Regardless of the size of your enterprise, we can work with you from the pre-insolvency stage to achieve the best outcome possible in what is typically a pressure-filled climate for directors, financier, creditors and shareholders. We also excel at recognising in our clients when they could benefit from operating under a new business paradigm and we take steps to help them implement a new strategy to course correct.
We provide our clients the assurance that remedial steps will not be left until it’s too late to make any substantive difference to the outcome. We recognise that even highly profitable companies may be underperforming, leading to the potential for debts to remain unpaid and the increased chance of insolvency occurring.
Our Gold Coast lawyers frequently assist clients to achieve a successful restructuring to overcome financial hurdles and difficulties. In the event that insolvency is not already unavoidable, Ramsden Lawyers offers a range of restructuring options that can provide an alternative.
We understand that every business and its industry is unique. As a result we tailor our approach to restructuring to suit your specific needs. We take the time to gain a clear understanding of your financial situation including the current debts you owe, the value and status of the assets on hand and the profit-turning ability of your underlying venture.
Our restructuring lawyers offer our clients a range of restructuring options, which include:
- (a) Debt refinancing;
- (b) Equity restructuring;
- (c) Statutory procedures;
- (d) Asset disposals; and
- (e) Corporate workouts.
Refinancing can be as simple as requesting a restructuring of the current payment structure or having the interest increases on a loan temporarily stopped until you can resume payments. Alternatively it may be the case that through negotiations with particular creditors we can offer equity in the company as an alternative to the planned payment.
Equity restructures: An equity restructure occurs when a company is in need of additional financial capital and agrees to offer to shareholders (through a rights issue) or the public the opportunity to buy more shares in the company. The exchange that takes place is one where the company gives up a degree of control in exchange for increased financial liquidity.
The method of utilising statutory procedures can involve altering the rights that attach to the shares held by members. For example, shares that typically do not attach the right to vote on company issues can be altered to allow for members to vote. The statutory procedure strategy is designed to provide any creditors with the confidence in the business necessary to facilitate a restructuring of the payments owed.
Ramsden Lawyers also provides advice on restructures that utilise asset disposals. Typically asset sales are best implemented in the context of a broader company-wide restructuring through which the dispensable assets become apparent. For example, in the event that a restructure strategy involves the closing down of a branch of a company, or the redirecting of a business to focus on only one (1) industry, the assets held relating to the now discontinued elements of the business are unnecessary and can be disposed.
A corporate workout involves avoiding any formal insolvency formal procedures by forming an agreement with debtors, creditors and shareholders on a voluntary basis in order to achieve an outcome satisfactory to all participants. Corporate workouts typically involve a blend of solutions ranging from debt or equity restructuring, compromise agreements, negotiations and reaching understandings with employees that may involve compromises or in limited circumstances voluntary redundancies. Corporate workouts can provide relief from financial distress in the corporate sector in response to poor market conditions such as exchange rate depreciation, high interest rates or simply an inability to service current debt levels.
For more information, please feel free to visit the guidance “Is your company in financial difficulty” provided by ASIC.
For our Queensland clients, please also see the assistance provided by Business Queensland.