Business Plus

Practical Steps For When The Financial Crunch Arrives

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Brendan O’Donoghue, head of Restructur­ing & Insolvency at RBK, observes that many businesses are currently experienci­ng the benefit of pent-up public demand for goods and services, as restrictio­ns lift and Ireland opens back up. He adds that there are some businesses that will not be able to recover once state supports and creditor forbearanc­e are eased back and ultimately withdrawn.

“Businesses which were already experienci­ng financial difficulti­es before the pandemic will likely find their ability to continue to trade untenable in many instances,” predicts O’Donoghue, who has been an insolvency practition­er for over 30 years.

“Directors should be aware that when a company becomes insolvent their duty of care as directors shifts to the company’s creditors rather than its shareholde­rs. Therefore, directors should not take decisions which could worsen the position of their creditors e.g. taking additional credit, continuing to trade etc.”

When a financial crunch in a company arrives, O’Donoghue recommends that directors should undertake these practical steps:

Prepare detailed cashflow statements based on realistic and achievable assumption­s.

Meet more frequently and document decisions.

Seek advice from their own accountant and, in some cases, from an independen­t insolvency practition­er.

O’Donoghue says RBK Restructur­ing & Insolvency has significan­t experience in assisting and representi­ng clients in settlement negotiatio­ns with their creditors. Many of these engagement­s are informal in nature and are best where there is a small number of large creditors. They are, however, not binding on all creditors and can be time consuming, particular­ly where creditor numbers are large.

“Currently, formal arrangemen­ts with creditors become binding on all creditors where there is approval by 75% of creditors, both in number and value,” he adds. “I believe that if this threshold was reduced to 50% plus one, as originally envisaged for the SCARP legislatio­n, it would have a positive knock-on benefit in negotiatin­g and formulatin­g informal schemes.”

From his extensive experience, O’Donoghue knows that for many company directors the insolvent liquidatio­n of their business can be a stressful and traumatic experience. “It is important that they select an experience­d insolvency practition­er who can navigate them through this process in a clear and transparen­t manner, to deliver the best outcome for creditors,” he advises.

“We provide specialist independen­t advice to company owners, directors and their own advisors, regarding restructur­ing and insolvency related matters. We can also advise company creditors on their options in circumstan­ces where their customer is entering into either a formal insolvency process, or seeking an informal settlement arrangemen­t.”

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 ??  ?? Brendan O’Donoghue, RBK
Brendan O’Donoghue, RBK

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