Who do we help? - Sewell & Kettle Lawyers · 01 We help a variety of small-to-medium businesses ·...

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Who do we help? We advise and represent small-to-medium sized businesses facing an insolvency challenge. We explore all avenues to protect and recover value for the owners of the business.

Transcript of Who do we help? - Sewell & Kettle Lawyers · 01 We help a variety of small-to-medium businesses ·...

Page 1: Who do we help? - Sewell & Kettle Lawyers · 01 We help a variety of small-to-medium businesses · Businesses with up to 200 employees · Businesses that are established with goodwill

Who do we help?We advise and represent small-to-medium sized businesses facing an insolvency challenge. We explore all avenues to protect and recover value for the owners of the business.

Page 2: Who do we help? - Sewell & Kettle Lawyers · 01 We help a variety of small-to-medium businesses · Businesses with up to 200 employees · Businesses that are established with goodwill

01We help a variety of small-to-medium businesses

· Businesses with up to 200 employees· Businesses that are established with goodwill value at stake· Businesses in up-and-down industries: construction, transport, professional and technical services, retail, mining

· Businesses owned by an entrepreneur, small group, or family

Page 3: Who do we help? - Sewell & Kettle Lawyers · 01 We help a variety of small-to-medium businesses · Businesses with up to 200 employees · Businesses that are established with goodwill

02Financial crisis occurs

· Losing principal customer or large customer collapses· Owner sickness or absence· Tax problem · Big project or key contract drains the business· Adverse outcome in litigation· Crisis is compounded by accounting issues, thin working capital, management deadlock/capacity limits and/or low bargaining power in a highly competitive industry

Page 4: Who do we help? - Sewell & Kettle Lawyers · 01 We help a variety of small-to-medium businesses · Businesses with up to 200 employees · Businesses that are established with goodwill

03Current professional advisers don’t have the skills to help

· Generalist tax accountant· Commercial lawyer· Management consultant· Phoenix operators· But no one is put forward with up-to-date and relevant experience

Why? SMEs don’t always get the assistance they need – the sorts of advice that large corporates take for granted isn’t readily available

Page 5: Who do we help? - Sewell & Kettle Lawyers · 01 We help a variety of small-to-medium businesses · Businesses with up to 200 employees · Businesses that are established with goodwill

04Who do you trust to handle this?

· Directors may never have engaged an insolvency specialist before

· You may have heard stories about overcharging and foul play· Your accountant has referred you to someone who wants to meet you at a café or pub (phoenix operator)

· You met an insolvency practitioner who is only offering a formal appointment (voluntary administration)

· You need a co-ordinating adviser to work with accountants, financiers, creditors and other stakeholders

Page 6: Who do we help? - Sewell & Kettle Lawyers · 01 We help a variety of small-to-medium businesses · Businesses with up to 200 employees · Businesses that are established with goodwill

05What are the immediate options?

· Rectification of accounts and cash flow analysis may be enough

· Pre-pack insolvency arrangement or sale· Safe harbour restructure· Formal appointment (liquidation or voluntary administration)

· Read our infographics:· Ben’s 10 commandments for turnaround· Ben’s recommendations on who to avoid during the downward spiral of insolvency

· Summary of the downward spiral of company insolvency

Page 7: Who do we help? - Sewell & Kettle Lawyers · 01 We help a variety of small-to-medium businesses · Businesses with up to 200 employees · Businesses that are established with goodwill

06What is the first step?

· Call Sewell & Kettle to discuss the matter confidentially· Discuss different options including:

· Safe harbour restructure· Pre-pack insolvency arrangement or sale· Formal appointment (liquidation or voluntary administration)

· Engage the firm to handle the matter

Page 8: Who do we help? - Sewell & Kettle Lawyers · 01 We help a variety of small-to-medium businesses · Businesses with up to 200 employees · Businesses that are established with goodwill

07How do you evaluate what to do next?

· Get the businesses financials in order· Look at the structure of the business and start to develop a plan

· Use legal professional privilege to protect the discussions and analysis

· Explore all the options thoroughly· Take steps to ensure the business has sufficient working capital in the short term

· Ensure that there is optimal asset protection for the directors/owners in any plan