Breakfast: "Selling a firm in impending bankruptcy"
On 17 December 2009, another working breakfast on the problematics of insolvency took place at CEAG, addressing the theme of selling a firm in impending bankruptcy.
Among the topics discussed was the possibility of rescuing a company when the first warning signals appear of its impending bankruptcy. Many firms react to the problem too late, taking the threat seriously only when the threat of bankruptcy has become far more acute. This fundamental mistake can lead to bankruptcy proceedings being declared against a company which could have otherwise remained a healthy company; and, this as a result of the company underestimating danger it faced under the insolvency law.
The unambiguous conclusion was that it is necessary, first and foremost, for companies finding themselves in a spiral of mounting debt and payment difficulties to consult a commercial and legal advisor who will assist the company in working out an agreement with banks and other large creditors.
Depending on the circumstances, addressing a potential financial or strategic investor can be one of the solutions for a company facing bankruptcy; however, the investor would be willing to enter the company only when it is possible to achieve its healthy recovery and further expand of its commercial activity. This type of investor would be interested in a firm that falls into his strategic portfolio of companies or one that complements the enterprises in which he has already invested and gives him the chance to expand into new markets. In this situation, an investor would be willing to accept the challenges should success be possible, even when there is a high level of risk.
Mgr. Jitka Smith, J.D., JUDr. Pavel Kolesár and Margareta Křížová, MBA, presented information on behalf of CEAG.
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