The firm offers companies legal advice services concerning the drafting and implementing of restructuring plans, which might involve the leasing or transferring of branches and companies within the framework of arrangements with creditors. Furthermore, the firm offers assistance throughout all the stages of the agreement procedure, from drafting the proposal and the agreement itself and managing the exchanges with the institutions involved to the enforcement phase.
The firm offers clients its experience and competence for several operations related to agreements with creditors as, for example:
- company lease with call option, if required;
- company merges, divisions, transformations;
- the transfer of a company to a NewCo;
- the creation of trusts or assets specifically for liquidation purposes.
Furthermore the firm assists companies throughout all the different procedures related to each type of agreement with creditors and, more specifically:
- standard agreement with creditors: applying for an agreement with creditors provides an entrepreneur facing difficulties with the possibility to stop preventive, enforcement or pre-emption measures when it comes to creditors and to have sound negotiating relations with third parties as credits are pre-deducted and legal acts made during the agreement process are exempted from revocatory actions;
- the so-called blank agreement or agreement with reserve: this type of agreement is designed to provide the debtor with more time both to draft the plan and make it possible for the expert to assess whether company data are correct and the plan is viable, and to reach a successful agreement with creditors. Furthermore it brings forward the protection of the entrepreneur from actions taken by creditors to the moment in which the request is put forward, thus enabling the entrepreneur to continue his/her activities in the time frame established by the judge, from the filing of the application to the presentation of the plan and the agreement;
- agreement with a going concern basis: the agreement based on the going concern principle, possible when the entity is able to continue as a going concern, presents numerous provisions favourable to entrepreneurs in difficulties, so as to guarantee the repayment of debts, by means of the funds available thanks to the continuity of business.
