Restructuring 

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Taylor David Lawyers is focused on the preservation of business and asset value.  This can be achieved either through an informal turnaround (pre-appointment of an insolvency practitioner) or through a formal workout (post appointment by way of a Deed of Company Administration).  We strive to create value in turbulent times.

Our lawyers advise on a range of restructuring issues, inclusive of:

• Debt/equity swaps
• Refinancing/recapitalisation
• Invoice financing arrangements
• Director risk
• Multi-party workouts
• Creditor negotiations
• Credit recovery
• Share transfers
• Debtor finance arrangements
• Pre-packaged insolvency arrangements
• Creditors trust deeds
• Cross-border issues

Notable matters include:

• Successfully restructuring a large Central Queensland based
  mining services company - avoiding liquidation.
• Successfully restructuring and turning around a wholesale fresh produce business with $30m turnover from a multi-million dollar deficit to a net profit.
• Advising on the international structure for a mining company with operations in Australia, North America and South East Asia.
• Advising a solar energy company on a $17m recapitalisation and restructure of security.
• Advising a distressed national logistics company on a $25m debt restructure and recapitalisation.
• Advising a group of drilling companies on a distressed sale and risk reduction.

Reconstruction of a business should generally be explored prior to entering into a formal insolvency arrangement. Often company directors believe that they are faced with no choice but to enter into a form of external administration. This is not always the case. A number of companies simply are not aware of all options which may be available to them. This is where Taylor David Lawyers can assist.

The turnaround of a business will often always benefit shareholders, creditors, debtors and other stakeholders. It is important to know strategically how best to implement these processes.

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Asset Protection

Asset protection is an important element within any business structure. Most only decide to take steps to protect their assets when their business is at risk of entering insolvency, or after threat from creditors or other parties. It is crucial for any business to carefully consider where to place its assets and how best to protect them. This consideration should start from the inception of your business.


Our expertise covers:

• Acquisition structuring
• Debt restructuring
• The development and management of various trust structures
• PPSA/PMSI/Security interests
• Sub-leasing assets
• Drawing upon equity
• Acquisition and disposal of assets
• Share ownership
• Dividend structures