composition with creditors may exercise carried out with various types of agreements including:
- "arrangement with taker" ; is created when a taker offers its own shares of the company's interested in the composition proposal.
- "arrangement with the sale of goods" ; occurs when the debtor "puts on the plate" its existing assets at the date of the proposed arrangement for the payment of liabilities.
In general it can be considered agreed with the taker implies preservation of the company through asset restructuring, and agreed with the transfer of assets requires the cessation of the enterprise and therefore the clearance.
In reality there are intermediate situations in which we will not dwell here.
When choosing the arrangement with taker and when the one with the disposal of assets?
Well, we say that we must analyze the causes that have led the company to a situation of suffering and understand, in this situation, what is the degree of suffering and if you can put in place measures to resolve the 'impasse. If
the crisis is irreversible, probably the only workable solution is agreed with the "supply of goods" and the subsequent liquidation of the company.
If there is possibility of rehabilitation, it is necessary to make a comparison between the economic capital of the company operations, net of restructuring costs, with the value obtained from the liquidation of the business to understand the cost-effectiveness of different alternatives.
more ...
- "arrangement with taker" ; is created when a taker offers its own shares of the company's interested in the composition proposal.
- "arrangement with the sale of goods" ; occurs when the debtor "puts on the plate" its existing assets at the date of the proposed arrangement for the payment of liabilities.
In general it can be considered agreed with the taker implies preservation of the company through asset restructuring, and agreed with the transfer of assets requires the cessation of the enterprise and therefore the clearance.
In reality there are intermediate situations in which we will not dwell here.
When choosing the arrangement with taker and when the one with the disposal of assets?
Well, we say that we must analyze the causes that have led the company to a situation of suffering and understand, in this situation, what is the degree of suffering and if you can put in place measures to resolve the 'impasse. If
the crisis is irreversible, probably the only workable solution is agreed with the "supply of goods" and the subsequent liquidation of the company.
If there is possibility of rehabilitation, it is necessary to make a comparison between the economic capital of the company operations, net of restructuring costs, with the value obtained from the liquidation of the business to understand the cost-effectiveness of different alternatives.
more ...
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