Companies facing temporary difficulties can request legal restructuring to obtain protection from their creditors. This is the procedure that used to be known as ‘WCO’ in Belgium (which is short for the ‘law on the continuity of businesses’).
During this procedure, the business can settle its debts over a set period while continuing its activity. This enables the business to solve its problems, since its creditors cannot serve a writ of attachment during the suspension period, and the business cannot be declared bankrupt.
Legal restructuring offers the company various options. For example, it can sign an amicable settlement with certain creditors, or a collective settlement with all its creditors. The latter involves drawing up a reorganization plan. If the majority of creditors consent to it, this reorganization plan is binding for all the company’s creditors.
Keep things realistic
It is very important to keep the budget and reorganization plan realistic and feasible, so that they have a chance of succeeding. Overestimating the expected revenue may have a negative influence on the likelihood that the procedure will succeed, and the same goes for underestimating certain important costs of reorganization, such as laying off staff.
Transfer of the business
Last but not least, a transfer of the business under judicial supervision is also a possibility. This means that the business, or part of it, is sold with the assistance of a court-appointed agent. The yield of the transfer then goes to the various creditors.
How do we help?
Mon3aan Corporate & Finance has helped various companies to restructure successfully, whether or not in the context of legal restructuring. We work with the business to trace the problems, draw up a plan and support the business where necessary in its negotiations with banks and any other loan providers.
We deal with:
- the analysis of the company, tracing problems and suggesting solutions;
- drawing up the necessary documents for filing a valid request for legal restructuring;
- support with the negotiations for refinancing;
- support when new investors get on board;
- advice on alternative sources of funding.
a struggling company
A company is having increasing problems paying its creditors and the problems are piling up. Mon3aan Corporate & Finance analyzes the company’s figures to pinpoint the problem, then proceeds to draw up a reorganization plan and a budget for the coming years.
After that, a request for legal restructuring is filed, leading to the company being exonerated from some of its debts. In addition, Mon3aan Corporate & Finance assists the company in its negotiations concerning the conditions under which new investors can be brought on board.