The problem of companies in crisis, in judicial restructuring, on the verge of insolvency or already insolvent is the lack of funds to repair the situation. However, experienced restructuring advisors are able not only to prescribe healing solutions, but also find financing.
The advisor who is conducting the restructuring of the company aims first and foremost to solve its main problems. This depends on whether the company will survive the crisis and get back on track. The measures he uses are fundamental and drastic, but also comprehensive.
The initial analysis and audit of the economic situation quickly lead the restructuring advisor first to cutting costs, which – so often in such cases – are disproportionate to revenues. In this way, the mechanism that sinks a company in debt.
Other typical ones the steps are restructuring the company's product and service portfolio, developing a new pricing policy, streamlining production and logistics processes, introducing mechanisms for ongoing monitoring of the company's financial status and searching for new suppliers, customers and sales markets.
– The primary function of a restructuring advisor is to prepare Restructuring architecture to restore the company’s efficiency – emphasises Małgorzata Anisimowicz, President of the Management Board of PMR Restrukturyzacje.
Breaking the deadlock
The provisions of the Restructuring Law contain many anti-bankruptcy procedures that can be applied at different stages company crisis. They facilitate the implementation of recovery programs, obtaining financing and concluding arrangements with creditors.
– These are not provisions intended for independent application. A different package of legal tools, restructuring plan and arrangement proposals should be applied to a company at risk of insolvency, and another to an insolvent company. Certain tools should be used in the case of already established security interests, and others in the absence of such encumbrances (mortgages, pledges, etc.). Some provisions should be applied in the case of many judicial and administrative enforcements already underway, and another when the company has several major creditors, e.g. financial institutions.
– A restructuring advisor can guide a company along the right path to get out of an impasse, amidst numerous and intertwining provisions of restructuring law, their nuances and specific requirements. No economist or lawyer who does not specialize in crisis management on a daily basis will do this. restructuring of enterprises – assures Małgorzata Anisimowicz.
From start to finish
Skillful application of the provisions of the restructuring law opens up possibilities of combining procedures, seemingly different. Nothing in restructuring process it is not as important as excellent knowledge of the regulations, but also experience in their application, from the selection of the type of restructuring proceedings, its preparation, to its implementation.
– The mark of an experienced restructuring advisor is the ability to provide comprehensive support for the restructuring process, starting from the decision companies intending to start restructuring, until its effective completion – indicates Małgorzata Anisimowicz.
The advisor also indicates the possibilities of obtaining the necessary financing and gets involved in this process himself – he obtains funds in various types of funds or proposes ownership changes: merging companies or selling shares, etc. He has the advantage over the company being restructured or the investors who are interested in it, because he knows much better than them the traps that the company emerging from the restructuring process may encounter. crisis company may fall in such a case.