Introduction:

When a company enters financial distress, it may signal the impending insolvency and winding up of a company. The company’s secured lender may have a right to also appoint a receiver over the company due to the company’s inability to pay its debts to the secured lender. A company will want to consider its options in attempting to restructure its debts and to revive its business. The corporate rescue mechanisms under the new Companies Act 2016 allow additional options for a company to restructure its debts and to revive its business. The new processes are the corporate voluntary arrangement and judicial management. They complement the schemes of arrangement process.

Objectives:

Participants will learn the improvements made to the insolvency-related laws as set out in the Companies Act 2016. The receivership provisions have been strengthened and will be relevant to secured lenders and to borrowers. The winding up provisions have been modified in certain aspects. A company can undertake a restructuring of its debts through the scheme of arrangement process and the new provisions adds clarity in this area. Finally, the Companies Act 2016 introduces two new corporate rescue mechanisms: corporate voluntary arrangement and judicial management. Participants will learn how these corporate rescue mechanisms will provide more options to financially distressed companies. The course will also cover case studies and practical examples.

Learning Outcomes:

By attending this program, participants will be able to:

• Understand the changes to the laws of receivership and the options available;
• Understand the process of winding up and its impact on the company, creditors and liquidators;
• Learn of the scheme of arrangement process;
• Consider the advantages and benefits of the new corporate voluntary arrangement process;
• Prepare for the new judicial management process and the advantages it offers;
• Learn the operational aspects of corporate rescue and insolvency administration;
• Learn of the scheme of arrangement process;
• Identify the changes of the scheme of arrangement and the restraining order;
• Consider the advantages and benefits of the new corporate voluntary arrangement process;
• Prepare for the new judicial management process and the advantages it offers.

Who Should Attend:

Insolvency practitioners, company directors, company secretaries, finance managers, lawyers, accountants, bankers, regulators, government officers, business owners, corporate consultants who need the knowledge on insolvency law and practices.