[PDF] The introduction of a Small Business Restructuring

Adobe Experience Manager Business Practitioner

AEM Business Practitioner Exam Target Audience • Individuals in partner organizations and freelancers who perform an author or analyst job role for AEM solutions • Marketing specialists who know the features and capabilities needed to engage developers to define a solution for business needs • Customer Power Users or Product Owners

Adobe Analytics Business Practitioner

The Analytics Business Practitioner Role At a minimum, the candidate seeking to become certified: • Has 2 years’ experience in digital analytics, typically has a marketing background or comes from a marketing role but can come from a variety of job roles, possesses and in-depth understanding of

PMI Professional in Business Analysis

Aug 07, 2020 · a practitioner of business analysis This experience must have been earned in the last 8 years 35 contact hours earned in the topic of business analysis practices Bachelor’s degree or higher degree (or global equivalent) 36 months working as a practitioner of business analysis This experience must have been earned in the last 8 years

Adobe Audience Manager Business Practitioner

The Audience Manager Business Practitioner Role At a minimum, the candidate seeking to become certified has: • 1-2 years of experience in the field of marketing technology

The introduction of a Small Business Restructuring

The introduction of a Small Business Restructuring Practitioner to restructure your business 24 September 2020 With the recently proposed law changes to benefit small businesses this article explores the eligibility requirements for small business to restructure their business in a cost-effective way and the impacts on working capital

BASICS OF BUSINESS RESCUE - Werksmans

appointment as a business rescues practitioner (section 128(1)(d)) 4 What is an affected person? Affected persons are important role players in the business rescue process An affected person is a shareholder, creditor, employee (or their representative) or a registered trade union representing employees of the company Affected persons have

Business Ideas for Nurse Practitioner Entrepreneurs

• The Nurse Practitioners in Business Blog – www NPBusiness ORG • Nurse Practitioner Business Owner private site – www NursePractitionerBusinessOwner com • The Nurse Practitioner Business Startup System – www NPBOStarterKit com • For private consultation and coaching, contact Barbara C Phillips, NP at www BarbaraCPhillips com

California Business Law PRACTITIONER

California Business Law PRACTITIONER Volume 25 / Number 4 Fall 2010 Louis R Dienes is a member of the Corpo-rate Department of TroyGould PC, Los Angeles, where he counsels boards and management when en-gaging investment banks as advisors in mergers, acquisitions, and divestitures; equity and debt financings; and other services He

California Business Law PRACTITIONER - Buchalter

CALIFORNIA BUSINESS LAW PRACTITIONER Spring 2010 Introduction to California Receivership Law 35 statutory eligibility requirements for receivers, cer-tain persons may not serve as a receiver in a given case Ineligible persons include a party, a party’s attorney, an interested person, or a relative of the

QIO Program Business Plan Guide for Diabetes Self-Management

DSME Program Business Strategy Your DSME program business strategy is a written game plan that deines the basic concept of the business In this component of the plan you should describe broadly what DSME services are ofered You also need to describe the DSME team involved and their credentials You should put your mission and vision

[PDF] Business Process Management

[PDF] Business Process outsourcing (BPo)

[PDF] Business Proposal Template

[PDF] Business Schools Made in China L`émergence des écoles

[PDF] Business Situations

[PDF] Business Source Elite (base de données en sciences économiques - Énergie Renouvelable

[PDF] Business Source Premier

[PDF] business speed dating - France

[PDF] Business Training Group

[PDF] Business Travel

[PDF] Business Travel Insurance - Anciens Et Réunions

[PDF] business visa

[PDF] BUSINESS WOMEN - Inondation

[PDF] Business-Uhr Business watch

[PDF] BusinessObjects WebIntelligence XI 3 - Utilisateur niveau 2

Liability limited by a scheme approved under Professional Standards Legislation Wexted Unit Trust trading as Wexted Advisors ABN 46 346 904 995

Level 12, 28

-34 O'Connell Street Sydney NSW 2000 | GPO Box 7091 Sydney NSW 2001 t (02) 9210 1700 | www.wexted.com | enquiries@wexted.com The introduction of a Small Business Restructuring Practitioner to restructure your business 24

September 2020

With the recently proposed law changes to benefit small businesses this article explores the eligibility

requirements for small business to restructure their business in a cost-effective way and the impacts

on working capital.

Recent media articles indicate there are over 919,000 micro businesses in Australia with turnover less

than $2M a year on JobKeeper. On the recently announced proposal to provide cost effective restructuring tools to small business we unpack some of the proposed law changes and likely impacts on working capital for small business.

Overview of proposed law changes

While this is not law yet and expected to be announced with the budget in the first week of October

2020, if passed, this may commence on 1 January 2021 to replace some of the COVID-19 insolvent

trading laws.

Key proposed law changes include:

Eligible for companies with liabilities under $1M; Current employee entitlements are paid up to date;

Directors remain in control;

Directors engage a Small Business Restructuring Practitioner (SBRP) to develop a plan, and circulate the plan to creditors within 20 days; Creditors are provided 15 days to consider the plan, and accept or reject the restructuring plan; Creditors are bound by the plan if 50% of value in favour of the plan;

Related parties prohibited from voting on plan;

The plan is open to the directors discretion on the proposed discount or proposed timing of any return to creditors, however, creditors acceptance is likely to be guided by the expected return in a liquidation scenario; and Avoids cost and time requirements of convening creditors meetings in a V ol unt ar y Administration, issuing a Deed of Company Arrangement (DOCA), and acting as the Deed Administrator to oversee the distribution to creditors.

At Wexted Advisors, as the market leaders in providing safe harbour corporate structuring plans (CSP)

to ASX Listed companies and other corporates, we see this as a cost-effective bridge for small businesses between safe harbour and a voluntary administration / DOCA process. Ultimately the success or failure of the CSP will be akin to a DOCA, and be sub ject to the creditors,

including the ATO's, willingness to accept the viability of the plan and the proposed cents in the dollar

return. The counterfactual return in an immediate liquidation scenario will need to be provided as a

comparison to assist creditors in making an informed decision, which is the CSP will need to provide a

better return to creditors than an immediate liquidation.

In order to provide creditors with an independent counterfactual of the estimated return in a liquidation

scenario and to avoid potential abuse of process, we expect this work will need to be undertaken by a

registered liquidator. Accordingly, similarly to a safe harbour advisor role, the proposed SBRP when

developing the CSP is likely to be a registered liquidator. 2 How long will the process take? And what will it cost? How long is a piece of string? Like a safe harbour advisory engagement you will need to understand

the company's financial position, both assets and liabilities, the expected forced sale valuation of assets

in a liquidation scenario, employee entitlements, the number and extent of secured creditors, the number of unsecured creditors, the plan and the expected timeframe of the plan. Where financiers or other secured creditors hold registered security inte rests on assets, any CSP developed will need to

be prepared in consultation with the secured creditors. It is anticipated secured creditors under the

proposed laws, will retain enforcement rights, although in the current environment will continue to look

towards directors and their advisors for workout solutions. The SBRP will work alongside the Director to prepare a CSP, the counterfactual liquidation scenario,

and liaise with key secured creditors and any petitioning creditor. This could be undertaken within 2 to

4 days of engagement and on accessing the required company financial information.

The CSP and liquidation analysis will need to be reported and circulated to creditors for consideration.

A special proxy form for voting either 'for' or 'against' the CSP will be including in the report to creditors,

similar to a condensed version of a Voluntary Administrators Report under section 439A of the

Corporations Act 2001 to creditors prior to a second meeting of creditors to vote on whether creditors

wish to accept a DOCA, or liquidate the company. Creditors will be provided 15 days to vote on the CSP by circular resolution. To minimise the SBRP's workload the level of investigations into the

directors conduct and potential preference recoveries against the director or third parties, i.e. the ATO,

will be limited if undertaken at all. Accordingly, some critics will consider the liquidation counterfactual

analysis to be incomplete without this analysis. However, on balance and to save costs, this work is

not expected to be undertaken. The conduct and any directors' breaches may also be largely ignored to streamline the process.

As outlined above, as a result of limiting the level and detail of investigations the report to creditors will

be condensed and produced in a short timeframe of between 2 to 4 days. While the proposed legislation allows a company to take up to 20 days to develop a CSP, we expect the secured creditors will encourage the company and the engaged SBRP to shorten this period. In addition, the company will seek to limit costs of the SBRP by reducing the engagement timeframe. Based on the above, the CSP could be reported to creditors within eight days of SBRP engagement. Allowing up to a further 15 days for creditors to vote on the CSP, or shorter period if the majority of creditors votes are received earlier. The SBRP may be required to address creditor concerns during this period and collate votes, possible a further 1 -2 days of SBRP engagement time.

Where the majority of creditors vote in favour of the CSP, the SBRP will oversee the implementation of

the CSP and the distribution to creditors, allowing the director(s) to continue to operate the business.

In the event the company defaults in meeting the agreed terms of the CSP, we assume creditors will have recourse to either meet to vary the CSP or liquidate the company. Independence issues may prevent the SBRP being able to act as liquidator of the company. As the overall period could potentially reduce from 35 days to under 23 days, and the SBRP's involvement, and their staff, during this period may be at least 10 business days. Where the SBRP's role is limited as outlined above, the cost of engaging a SBRP may be between $10K to $30K, plus

GST and any disbursements.

Working capital

Under the temporary relief support for businesses the statutory time frame for a company to respond to a statutory demand has been extended temporarily from 21 days to six months. The minimum debt threshold for creditors issuing statutory demands has also been increased from $2,000 to $20,000. These temporary measures were recently extended to 31 December 2020. 3 The temporary measures and the proposed changes to restructuring small businesses, not yet law,

may lead to a shift in supplier trading terms and supply limits. If this occurs, companies will require

additional capital to meet tightening working capital.

Secured creditors, including financiers who provide invoice finance to companies will be monitoring any

shift in trading terms and the proposed restructuring changes closely to understand the impact on their security and any provisions. While the relief packages are temporary measures they may have a longer term impact on trading terms.

Our view

Wexted Advisors are cautiously supportive of the proposed legislation as saving mass insolvency and

failure, however, in our experience any legislation needs to be carefully managed, so creditors are not

exploited, information is fulsome and the process is properly managed.

Wexted Advisors are supportive of anything that permits effective restructuring for small business, but

that failure needs to be taken seriously and people accessing the legislation need guideposts and need

to be accountable.

About us

Wexted Advisors are market leaders in providing safe harbour advice for ASX Listed Boards and large

corporates in Australia. Wexted Advisors are also registered liquidators. Further information on our

credentials and experience as the leaders in safe harbour is on our website www.wexted.comquotesdbs_dbs22.pdfusesText_28