Restructuring A Business

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All businesses have financial pressures however, we know that sometimes those pressures become issues through changing economic conditions, incorrect funding structures, pension issues, increased competition, simple misjudgements or occasionally mismanagement.

Whatever the issue, there are choices to be made and our dedicated team here at EMW can help you with those.



With a deep knowledge and understanding of the business world we are able to provide you, whether you’re a director, a manager, lender, shareholder, investor or a supplier with astute, pragmatic and above all commercial advice.

The team have strong relationships with insolvency practitioners, turnaround professionals, lenders and other financial institutions and investors.


The restructuring or refinancing of a business requires legal advisers that not only work quickly, efficiently and effectively but that also understand both the factual matrix, put simply – all of the circumstances, and the legal backdrop against which the debt exists.

Whether you owe, or are owed, a little or a lot on a bilateral, syndicated, secured or unsecured basis, we can guide you through a debt structuring, restructuring or refinancing, however challenging and time sensitive it might be.

Restructures can take many forms and involve various legal concepts such as hive-ups, capital reductions and demergers. Common to all of them will likely be a need to dovetail legal, tax and accounting advice quickly and efficiently. We have extensive experience and expertise project managing these kinds of transactions and working with our clients’ other advisers. Often, we will have worked and established relationships with these advisors from our dealing with previous transactions and clients.

Whether its liquidation, administration, a compulsory voluntary arrangement, scheme of arrangement or receivership and whether its invited, friendly or hostile, we know all about it and we know all about what happens after the process has commenced too.

We regularly advise on the complex acts and rules governing insolvency and the rights and duties of office holders and creditors. It can get pretty challenging and complicated and therefore it’s important that you’re, and that you know that you’re, in the hands of advisers who will always guide you correctly, pragmatically and commercially to the best result for you in the circumstances.

Whether assistance is required with the collection of debts, investigating and locating hidden assets, recovering unlawful dividends and salaries or transactional avoidance we act quickly and commercially, for and on your behalf.

We are only too aware of the cost pressures involved and work closely with third party funders and counsel on a contingency basis to offer the right funding solution and avoid costs being a bar to recovery.

If your customer becomes insolvent or refuses to pay, this is does not have to be the end of the story. We are experts in maximising the recovery of what you are legitimately owed and taking the right steps to ensure you’re best placed to recover goods you have supplied or any deposits paid.

Our specialist team can advise you of your rights and likely returns. If you’re a landlord, we know how to ensure payment of future rent where a tenant is contemplating a voluntary arrangement or enters an insolvency process.

Acquiring a business and assets out of insolvency can be a daunting process. Where even do you start most ask. It’s generally very time sensitive and always carried out on a no recourse basis where the buyer takes the risk that the business and assets are what they appear to be.  So, buyers need an experienced team to guide, advise and assist them through the risks and pitfalls. That’s where we come in, we ensure you receive the right advice in the right timescales that you need it.

Our extensive team understand the challenges you face, act speedily and tailor our service to best reflect your requirements. Let’s be honest, there will always be challenges as these transactions are rarely straightforward.

As for selling a distressed business and assets, we can do that too. We have extensive experience in acting for insolvency practitioners, know their pressure points and what’s required, we take a proactive and practical approach to achieve the best possible outcome for you.

Following insolvency a number of situations may arise when directors, former directors, de facto directors, shadow directors, their partners/spouses, family members and third parties could face claims against them from liquidators, administrators or even creditors.

Facing such allegations is daunting and even frightening but we know just how to deal with and, in many situations, defeat such claims.

Being accused of wrongdoing or facing the threat of being disqualified as a director, even more so, is distressing. We have specialist knowledge, some say the inside track, in defending directors or, where necessary, negotiating undertakings and avoiding disqualification altogether.

If already disqualified, we can advise on the prospects of applying to court for permission to remain or become a director and we can even seek to reduce the period of disqualification in certain circumstances.

EMW are accredited mediators.  Our team understand all the mediation routes available so whether we’re advising directors, partners or employees, we’re able to assess both parties’ positions with a level of fairness and accuracy.

We also have extensive experience of designing and implementing in-house mediation in addition to undertaking the mediations ourselves.

Insolvency cases are often complicated and certain aspects may be difficult to prove in court. Wrongful trading is a prime example, it’s extremely difficult to prove that a director knew or ought to have known that a company was going to go into liquidation. The courts expect parties to attempt to settle matters themselves before issuing proceedings and with us on your side mediation provides an effective way of reaching a settlement.

Key members of the team


The EMW team provided us with professional and invaluable support and guidance throughout the transaction process and I would like to thank them for their hard work and diligence. We look forward to continuing to work with them as we move to phase two for Invu Plc.

Mark Wells, Invu Plc

The team at EMW did a fantastic job for us from start to finish, including initial discussions, reviewing options, engaging with all parties involved in the deal, preparing and explaining the thorough legal documentation and addressing any risks or concerns. This was all done within the expected timescales and to the satisfaction of the entire MBO team which has given us a great platform from which to continue the sustainable growth of Darke & Taylor as an owner managed business.

Simon Newton, Darke & Taylor

Having supported us through the buy-out process in 2014 and remained our go to lawyers since, EMW were the obvious choice to support the Springboard shareholders through the exit process. We certainly made the right choice. EMW are responsive, collaborative and pragmatic, always achieving the right balance between representing our best interests and delivering on our wish for the transaction to proceed to close as quickly as possible. I couldn’t be more satisfied with the outcome and the quality of service that EMW provided.

Stephen Booth, Springboard

EMW’s assistance in this important strategic transaction for us has been superb.

Rachel Nutt, MHA Maclntyre Hudson

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