Crisis management and business continuity

Comprehensive solutions for the management of companies in crisis.

 

In business crisis situations, it is extremely important to react quickly. Being able to rely on a good strategy and plan the next steps to take is fundamental to ensuring the company’s viability and overcoming the crisis once and for all.

AGM Abogados has over 30 years of experience in advising and working on the creation, implementation and development of business ventures. We count on a team of seasoned professionals that interpret the complex situations that may be faced in a crisis, in order to advise our clients and resolve their problems by looking for an optimal solution, taking into consideration the specific circumstances and needs of each case.

 

This involves a multi-disciplinary group of highly-qualified specialists with a long history in the management of businesses, and solid experience at managerial level in large company organisations.

 

Each situation must be subject to specific analysis in order to find the best possible solution. The possibilities are multiple and can vary between:

 

  • Re-establishing a company by refinancing.
  • Buying or selling lines of business.
  • Liquidating non-strategic assets.
  • Restructuring the group or company.
  • Streamlining, curbing the deteriorating value of the brand.
  • Maximizing the value of credit or existing investments.
  • Maintaining control over management.
  • Avoiding the consequences at managerial level or in other business units or companies belonging to the same group.

The comprehensive solution for business crisis management must include the best team of specialists with the necessary experience to enable a comprehensive strategy.

Our experience ensures that we can offer a crisis management service that helps companies to resist and overcome the current economic situation, and enable them to grow stronger, ensure their viability and convert uncertainties into an opportunity.

 

Learn more about our services of restructuring companies, pre-bankruptcy strategy, protection of directors and managers, bankruptcy proceedings, buying and selling of assets or branches of activity and liquidations. For more information about our services, have a look at them:

 

International scope: France and LATAM

Our firm has its own office in Paris, so we can deal with these types of proceedings both in Spain and France, if that is where the companies are present, and apply the prevailing legislation in each territory.

 

We also have a representative office in Mexico and a number of partners in Latin America, so we can provide advice to companies with headquarters and subsidiaries in those territories.

Our team of Crisis management and business continuity

Vanessa Gañán Rincón

Civil

Álvaro Rodríguez García

Civil

Can we help you?
Contact us



BarcelonaMadridSabadellParísShanghai

He leído y acepto los Términos y Condiciones de Uso de AGM Abogados.

Deseo recibir invitaciones a eventos e información adicional.


Banking & Finance

The Crisis Management and Business Continuity team specialises in providing banking & finance advice, especially on debt refinancing and restructuring, financing transactions (both banking financing and direct lending) and project finance. We also provide advice on financial transactions, structuring the guarantees for enforcement and for purchasing non-performing loans and non-core assets.

 

All of this is accompanied with tax advice to make the structures more efficient.

Restructuring

Las situaciones de crisis requieren de soluciones creativas y de propuestas diversas para los numerosos escenarios que pueden desarrollarse. Es por ello que el equipo multidisciplinar de Gestión de crisis y continuidad de negocio acompaña y asesora a empresas, management, accionistas y acreedores en la búsqueda del mejor resultado posible.

 

Crisis situations require creative solutions and diverse proposals for the numerous scenarios which may take place. That is why the multidisciplinary Crisis Management and Business Continuity team accompanies and provides advice to companies, managers, shareholders and creditors when searching for the best possible result.

 

We specialise in designing strategies to redirect the business and find common ground with the various stakeholders, providing advice in all the procedural phases regarding the financial, corporate, employment, taxation and business areas, so that we can provide comprehensive and high added value solutions to our clients.

Refinancing processes

The situations in which the companies find it difficult to meet their debt payments tend to be especially complicated for the management teams and shareholders. In such cases, one solution is to start a refinancing process to create structures that enable the companies to pay their debts and meet their medium- and long-term business perspectives.

 

The Crisis Management and Business Continuity team has extensive experience in dealing with the challenges in the refinancing processes such as cash tensions, structural problems, creditor enforcements and access to fresh money.

 

The scope of our advice goes from assessing the situation and providing several refinancing options to studying the viability plans and negotiating with the financial and trade creditors.

 

Our experience covers refinancing processes out of court and within the pre-bankruptcy proceedings.

Independent Business Reviews (IBRs)

Through IBRs, an independent third party objectively analyses the viability of a business plan. That is why they are very useful for refinancing processes, especially when the creditors doubt the company’s projections and ability to pay its debts.

 

Therefore, we provide advice to companies and creditors by issuing rigorous IBRs which include financial, commercial, legal, operational and business factors.

 

The IBRs can also be used for the refinancing processes subject to judicial approval in accordance with additional provision four of the Spanish Bankruptcy Act.

Operational restructuring

Crisis situations often require operational restructuring, so our multidisciplinary team advises managers to control cash flow, optimise working capital and capex, reduce costs, adapt budgets and improve margins.

 

Our multidisciplinary approach enables us to deal with operational restructuring in a fast way, proposing containment plans and allowing the management team to make decisions for the company’s viability.

Insolvency Practitioner and insolvency advice

Applying for a meeting of creditors can sometimes be the only solution to the survival problems caused by the impossibility of obtaining new financing and the liquidity problems and even the closure of business lines.

That is why the Crisis Management and Business Continuity area has an expert team on how to deal with insolvency or liquidation situations, suggesting better options. The team advises and also acts as an Insolvency Practitioner.

 

Our team also provides advice:

  • So that clients can choose the best solution, providing ways and methods which also exclude the company directors from potential liabilities.
  • In any phase during the bankruptcy process, after knowing about the current or imminent insolvency situation, planning, where necessary, the bankruptcy as well as the contracts and the potential agreement with the creditors.
  • For filing bankruptcies, drafting and organising the necessary documentation as well as the viability plan and the early composition agreement.
  • Delimiting the scope in the event of a purchase or sale of a production unit.
  • In bankruptcy proceedings, acting for many years as Insolvency Practitioners, as economic auditors, lawyers or representing the appointed creditors.
  • For enforcing composition agreements and liquidation plans.
  • To financial institutions or other financial agents regarding the implications of the debtors’ bankruptcy situation and the value recovery.

 

Business liquidation services:

  • We plan the debt recovery and get involved through other professionals of the firm.
  • We propose the liquidation and early composition agreement.
  • We participate in the enforcement of the composition agreements and liquidation plans.
  • We analyse and develop the strategy to defend the directors’ liability.
  • We act as Insolvency Practitioners.

Distressed M&A transactions. Distressed financing. Advice for business continuity

We study the best recovery for businesses, subsidiaries, branches and brands, recovering as best as possible the value for shareholders or acquirers; therefore, we:

  • Bring out the value of the business plans through mixed capital and debt structures.
  • Search for specialist financing for this type of situation and accompany our clients throughout the negotiations for the agreement’s terms and conditions.
  • Identify and manage the risks inherent to the process.
  • Adapt to each company’s needs based on its complex nature and in accordance with each client’s specific features and needs.
  • Prepare and submit bids for business units in the bankruptcy stage and negotiate them with the Insolvency Practitioner.
  • Delimit the scope.
  • Prepare the due diligence process.

We also specialise in diverse situations such as:

  • Poorly performing businesses or subsidiaries which do not fit in with the group’s structure.
  • Alternatives to business closures such as specialised sales through debt restructuring.
  • Acquisition of business units when growth can be attained by acquiring businesses in distressed situations implying the purchase and restructuring of debt in the same transaction.

In such cases, we seek financing alternatives for clients so that they can obtain this in difficult situations, and we collaborate with funds specialising in purchases and sales in the bankruptcy stage.

We restructure debt and allow new investors to enter so that they can maintain or bring out the shareholder value at companies with high debt levels.

Articles

Julio Menchaca Vite, M&A lawyer. AGM Abogados   The acquisition of production units (PU), defined by article 149.4 of the Insolvency Act 22/2003 (IA) as “a set of means organized for......

AGM servicios Laboral
X