Restructuring & Insolvency

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Corporate Partner 2012/2013
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Examinerships

The examinership process can be very effective in certain circumstances in providing a chance for a company to survive. But when a business goes into examinership it can cause significant challenges, disruption and stress for all concerned – creditors, staff, directors, shareholders, financial institutions and state agencies.

At RSM Farrell Grant Sparks, our focus is on meeting these challenges by managing the process professionally, efficiently and effectively.

Our team are skilled and experienced in examinerships and administrations, and have facilitated the restructuring of many businesses through the examinership process. Our experience, knowledge and project management skills are particularly relevant to all the parties involved, as the court process can be complex and time-consuming,

How the examinership process works

The examinership process can be very effective in certain circumstances in providing a chance for a company to survive. The process involves seeking High Court protection from creditors for a limited period, while an independent court-appointed examiner considers the options for a survival package.

The examiner’s approach is ratified by the court, so it is more likely to be successful than making voluntary arrangements with creditors. By contrast, voluntary arrangements often break down because some of the parties involved will not agree to write off part of their debt.

RSM Farrell Grant Sparks’ experience in this area means that we can quickly focus on the relevant issues, and advise the company and all other relevant parties about the process and the compliance requirements.

In addition to accepting appointments as an examiner, we also provide an examinership advisory and support service. This can be of particular benefit to creditors, banks, legal advisers or anyone affected by an examinership and who wants independent advice and support on protecting their interests.

Related services

Read about our Taxation services.