Financial restructuring, insolvency, and special situations
/ Restructuring and Insolvency
We can act for clients across the full spectrum of situations arising from financial distress, and differentiate ourselves by giving bespoke, practical, and realistic advice.
Our commercially focused team has extensive experience advising the full range of stakeholders in distressed situations. This has given us a deep understanding of all of the key players' different positions, which is essential if you are to achieve the best possible outcome in the shortest time available. Home/
We also work hard to understand your business, its needs, and the situation you’re facing so that we can tailor our advice and assistance to you. We pride ourselves on offering clients:
• practical and timely advice that is relevant to you and that you can rely on.
• giving you right solutions to protect your interests, and to minimise the disruption and risks to your business associated with restructuring and financial distress.
• a set of experienced hands to guide you along the whole process, including dealing with creditors, bondholders, shareholders, and other community stakeholders.
• sufficient bench strength and skillsets to deal with inquiries from regulators, Stock Exchanges, and other government or supervisory bodies.
• multifaceted and comprehensive advice as we can leverages our firm’s skills in M&A, litigation, regulatory, and other corporate lawyers as necessary. Restructurings, workouts, insolvencies
From financial restructurings due to short term financial issues to substantial consensual multi-party workouts or contentious situations, involving court appointments, we can assist clients to adopt and adapt to the best strategies to preserve and recover value in their businesses. In such a scenario, we can provide experienced hands to assist management in dealing with counterparties, creditors, and other stakeholders as well as the multitude of issues that will arise beyond just the lenders but also staff and employment issues, insurance, listing issues and regulatory inquiries, property matters, lease terminations, suppliers, and tax.
Our team is also able to seamlessly help you navigate both the contentious and non-contentious elements that may be involved in complex restructurings to unlock value, as well as being able to work closely with other top-ranking restructuring and insolvency professionals that may need to be called upon such as tax accountants, forensic accountants, auditors, distressed debt investors, litigation funders, and insolvency practitioners to ensure that your structural solvency or liquidity issues are successfully overcome.
Cross-border insolvency and exit financings
Given global supply chains and worldwide operations, it is common to be faced with situations where there are issues not only in Hong Kong, but in other multiple jurisdictions around the world. Our experience, deep connections, and international team has extensive experience in handling cross-border issues, including conflict of laws and insolvency representation or recognition as well as debtor-in-possession and exit financings scenarios.
Financial institutions, funds, creditor and officeholder representation
We can assist with the full spectrum of issues that can arise from contentious and non-contentious restructuring and insolvency work from retention of title claims, security package reviews, enforcement of security, general debt recovery procedures through the courts, to the appointment of receivers, and/or liquidators.
Having acted for creditors, steering committees, investigating accountants, independent financial advisers, and officeholders (receivers, liquidators), we are able to generate options that maximise value recovery and to apply careful scrutiny to restructuring proposals in order to best defend your interests during corporate restructuring and reorganisations.
Re-financings, complex loan restructurings, and capital raising
Our experienced team of lawyers are experts at devising creative solutions to resolve tough credit problems. We have a track-record of successfully restructuring the balance sheets of distressed companies to maximise value by considering all options, providing analysis and options for a re-capitalisaton, and leveraging off our network of financial professionals in the market. This includes the extensive re-negotiation of credit facilities across the capital structure of the group, both at the operational and holding levels of the corporate structure, and often across multiple jurisdictions to tapping the markets through capital raisings.
Distressed assets transactions, debts and portfolio sales, special situations and investments
Our team has experience in dealing with distressed debt transactions, high yield investments, and alternative investments. These special situations and investment opportunities can provide both an avenue for corporates to realise value in difficult times, and unique returns for astute or specialist investors seeking upside from capital appreciation and/or value creation through a restructuring process. We can assist you in detailed analysis prior to investing or give you strategic alternatives to existing investments with a view to taking your high yielding investment and turn it into an enterprise value investment. We have on the ground resources enabling us to provide you with local access, connections, and insight into the markets where you are investing.
Group consolidation and corporate streamlining
Our lawyers have extensive experience with solvent winding ups, business wind-downs, and the statutory corporate amalgamation procedures. These same expertise in corporate restructuring are often deployed in non-distress situations, particularly post-acquisition or integration following mergers and acquisition deals and we can help you streamline the corporate structure (pre- or post-merger), transfer or dispose of certain businesses, or implement other tax optimised structures with your tax and financial advisers.
Bankruptcy and Voluntary Arrangements
For individuals who are facing debt or solvency issues, we can also advise on disputes with creditors (or debtors) as well as bankruptcy and alternatives to bankruptcy, including individual voluntary arrangements between you and your creditors. Personal bankruptcy is a difficult situation, and we have the skills to assist you and explore both in court and out of court options with you.