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Expertises

Insolvency and restructuring

Insolvency

Your company or others you are involved with (suppliers, commercial or private customers) may be faced with bankruptcy, cessation of payments and other forms of insolvency. Pellicaan Advocaten stand ready with the legal advice and assistance you need to avoid unnecessary expense and risk. Implementing preventative measures is generally more economical than instigating legal measures after the event.

We can offer legal support:

  • to guide you through the minefield as you seek to recover funds from debtors in difficulty;
  • in limiting the risks arising from the liability of directors and shareholders in the event of bankruptcy;
  • in optimalising the legal structure of your business, to minimise the risk to shareholders and directors if the financial situation deteriorates;
  • in ensuring compliance with legal obligations in order to avoid financial and other risks in the event of a financial downturn.

Restructuring

The legal structure of your business can be crucially important when you launch a new activity or enter into a new collaborative arrangement. The structure needs to be reviewed periodically to ensure that all the relevant risks are covered and that costs are kept under control. A sub-optimal structure can for example lead to problems with the liability of directors or shareholders.

If a business finds itself in difficulties it is important to consider all the options, including restructuring and moving forward with the healthy parts of the business.

In the case of collaborative arrangements it is important that relationships are carefully managed, so that poorly performing partners can be alerted to their shortcomings and jettisoned if necessary.

Contact us if you need additional information or advice on your individual circumstances. We would welcome the opportunity to meet you for an exploratory discussion, without obligation.