Restructuring, insolvency

Eltea Restructuring – Insolvency team is composed of professionals experienced in the field of insolvency proceedings, having additional skills both in terms of counsel and litigation.

They intervene at every stage of the preventive or collective procedures in the interest of the companies in difficulty, of their shareholders and top executives as well as their creditors and buyers.

Restructuring of companies

  • reorganizing the company, group risk, reversal and analysis;
  • debts restructuring, set up and implementation of securities and guarantees;
  • assistance to shareholders and top executives to optimize the company’s or the group’s governance, resignation or dismissal of top executives (Labor Law aspects);
  • regularization of inter-co financial flows, simplification of the group’s organizational chart by transfer of shares, merger-absorption of subsidiaries, asset revaluation, intra-group debts write off…;
  • creation of holding with a view to restructuring a group considering the tax impact (including solidarity wealth tax);
  • financial affiliation, or transfer of the company, or entry to the capital of an investor or an industrial;
  • these operations are carried out in relation with the other departments of the firm (including the Labor Law, Tax Law and Corporate teams).

Preventing difficulties

  • detection and analysis of the company’s economic and financial difficulties;
  • identification of solutions adapted to its situation;
  • implementation of preventive measures: moratoriums in tax and social matters, opening of confidential procedures of ad hoc mandate and conciliation;
  • negotiation and drafting of agreements in the interest of the top executive and the company, or the investors or the financiers.

Insolvency proceedings

  • assistance to companies experiencing difficulties: completion of the formalities allowing the opening of the agreed procedure, follow-up of the procedure and the hearings, accompanying the debtor in his relations with the Court officers, the co-contractors and the creditors, follow-up of the preparation and the execution of the safeguard or recovery plan;
  • assistance to co-contractors and creditors: establishment of declarations of claims, follow-up of the debt challenge procedures, designation of a controller, actions in claim, continuation of contracts, transactions with the bodies of the collective procedure;
  • assistance to buyers interested in buying companies, branches of activity or assets which transfer is proposed: drafting and submission of takeover bids within the framework of transfer plans or mutually agreed transfers, assistance to the buyer candidates before the Commercial Court for the presentation of the takeover bid, drafting of the transfer deeds.

Directors and officers liability

Assistance and representation of companies’ directors and shareholders of companies experiencing difficulties facing risks of financial and civil but also criminal sanctions, or wanted in the framework of tax solidarity or as guarantor.