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Corporate Recovery & Insolvency

Written by David James Oliver on 09/07/2024
The author’s views are entirely their own and may not always reflect the views of Putranto Alliance.

Introduction

In the realm of business, challenges often arise leading to financial distress, endangering not only the company itself but also stakeholders such as customers, suppliers, lenders, and employees. When faced with such adversities, seeking corporate recovery and insolvency support becomes imperative for survival.

Definition

Insolvency and bankruptcy, although often used interchangeably, denote distinct financial states. Insolvency signifies the inability to fulfill financial obligations, while bankruptcy is a legal declaration of the inability to repay debts. Insolvency may manifest as cashflow insolvency, lacking accessible funds to pay debts, or balance sheet insolvency, where debts exceed assets. Bankruptcy, the final stage of insolvency, involves asset evaluation for creditor repayment, marking a permanent financial setback.

The Importance

Addressing insolvency and potential bankruptcy is paramount for preserving stakeholder interests and business continuity. Financial distress not only jeopardizes the company’s viability but also impacts customers, suppliers, lenders, and employees. Timely intervention through corporate recovery measures can mitigate losses and facilitate the revival of a struggling business, safeguarding the interests of all involved parties.

The Best Time to Act

Identifying financial distress indicators and initiating corporate recovery efforts at the earliest signs of trouble is crucial. Waiting too long to address financial challenges can exacerbate the situation, making recovery more challenging and costly. Companies should proactively assess their financial health and implement recovery measures promptly to maximize the likelihood of successful turnaround and avoid the irreversible consequences of bankruptcy.

Benefits

Implementing corporate recovery strategies offers several key benefits to businesses facing financial difficulties:

Stabilize Operations
Recovery strategies help stabilize business operations and regain profitability.
Preserve Assets
Protecting and optimizing assets is crucial for long-term sustainability.
Maintain Relationships
Keeping good relationships with stakeholders such as customers, suppliers, and employees is essential.

Avoid Severe Consequences
Proactive measures can prevent the severe consequences of insolvency or bankruptcy, including loss of market share, damage to reputation, and legal ramifications.

How to Enter into Corporate Recovery

Entering into corporate recovery involves several key steps:

Assessment of Financial Situation
Begin with a thorough evaluation of the company's financial health, including an analysis of cash flow, assets, liabilities, and operational performance.
Identification of Root Causes
Identify the underlying factors contributing to financial distress, such as declining sales, excessive debt, or inefficiencies in cost structures.
Development of Tailored Recovery Plan
Formulate a customized recovery plan based on the assessment, outlining specific objectives and strategies to address the identified challenges.

Incorporation of Strategic Interventions
Implement interventions such as cost reduction measures, revenue enhancement strategies, asset optimization initiatives, and operational restructuring efforts.
Strong Leadership and Collaboration
Effective implementation requires strong leadership, clear communication, and collaboration among stakeholders to ensure alignment and commitment to the goals.

Continuous Monitoring and Evaluation
Regular monitoring and evaluation are crucial to track progress, identify deviations from the plan, and make necessary adjustments to stay on course.
Financial Reporting and Performance Metrics
Utilize financial reporting, performance metrics, and feedback mechanisms to facilitate ongoing accountability, transparency, and informed decision-making.

Timely Interventions
Maintain vigilance and promptly address emerging issues or obstacles to adapt recovery strategies as needed to maximize effectiveness and mitigate risks.

How We Can Help

Our team of expert solicitors specializes in providing comprehensive assistance to a diverse range of clients, including businesses, insolvency practitioners, lenders, and individuals. Leveraging our in-depth knowledge and experience, we are dedicated to guiding our clients through every step of the process, including administration, bankruptcy, and liquidation (both compulsory and voluntary). In addition to offering advice on potential liabilities that may arise, we go above and beyond to ensure that our clients achieve the best possible outcomes in their financial recovery journey.

FAQs

What is PKPU in Indonesia?

PKPU, or Suspension of Debt Payment Obligation, is a legal process allowing debtors unable to pay their debts to defer payments in the future, preventing bankruptcy. Article 222 paragraph (2) of Law No. 37 Year 2004

on Bankruptcy and Suspension of Debt Payment Obligations states that debtors who are unable or expect that they will not be able to continue paying their debts that have fallen due and collectible, can apply for PKPU.

How does the PKPU process work?

The PKPU process involves filing an application, temporary suspension of debt payment obligation, appointment of an administrator, and preparation of a reconciliation plan.

What role do creditors play in PKPU?

Creditors have rights to file petitions, vote on reconciliation plans, and establish creditor committees during PKPU proceedings.

How can your solicitors assist during financial crises?

Our solicitors provide guidance on administration, bankruptcy, and liquidation procedures, ensuring clients receive the best possible support and outcomes.

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