TOOLS FOR BUSINESSES

TOOLS FOR BUSINESSES

Corporate restructurings, operational revamping of business entities, and partnership disputes sometimes require out-of-the-box resolutions.  Depending on the situation, we have placed a Chief Restructuring Officer, obtained a court receiver, placed an independent director on the board, and used other tools to solve business problems. If the goal is to retain as much value as possible for a business or portfolio in distress and other normal solutions have not worked, there are other options.

Chief Restructuring Officer  Placing a Chief Restructuring Officer (“CRO”) often provides the experienced high-level C-suite executive assistance to right the ship.  The CRO typically has the authority to make expansive changes in the company as needed during the process of a restructuring or wind down.

Forensic accounting and fraud investigation  It happens:  something happened.  Directors and Officers must investigate.  Or, sometimes there’s a government agency threatening charges against a specified individual for which a forensic accounting must be completed – an independent one.  A fraud investigation requires critical skills to trace assets and accounts.

Provisional director  The directors are split; the company is in turmoil.  A provisional director appointed by the court or identified by leadership can act as an independent tie-breaker for a board where directors are divided and cannot reach consensus.  In the case of a deadlocked board vote, the provisional director analyzes the company’s position and votes as an unbiased third-party.

Partition referee  Where co-owners of property are segregating or dividing (“partitioning”) their property to terminate common property interests, a court-appointed and supervised partition referee can manage the partition decisions (to recommend to everyone and the Court), where co-owners of a property differ in their views on holding or selling the property.

Assignment for the benefit of creditors (“ABC”)  An ABC is a simpler state court process that liquidates the business’s assets as an alternative to traditional bankruptcy proceedings. Through an ABC, the independent assignee of the company assets (appointed by the company) may transfer assets to a buyer. It is typically more low-profile and less costly than a bankruptcy.

There is a solution, the right solution for the scenario.  Whether the case is a family dispute around operations or property or a large-scale corporate wind-down, Epps & Coulson can provide a customized approach to fit the financial constraints of the matter — large or small.

If normal business solutions just is not solving the problem, give us a call.  Epps & Coulson, LLP’s dedicated professionals are available to help you navigate all your business and real estate matters.  Contact Dawn Coulson at: dawn@eppscoulson.com for any questions you may have.

Information contained in this Memo is intended for informational and educational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.  It is likely considered advertising.  Epps & Coulson, LLP encourages you to call to discuss these matters as they apply to you or your business.  Epps & Coulson, LLP has staff licensed in France and affiliated Counsel offices in New York and Connecticut with lawyers also admitted in Connecticut, District of Columbia Massachusetts (pending), New Jersey, Hawaii, European Union, England and Whales, France (Paris Bar) and Sweden.

EPPS & COULSON, LLP
Attorneys admitted to practice in California, New York, Colorado, Texas, and Oregon
www.eppscoulson.com
www.companiescounsel.com