Insolvency and Corporate Restructure
Navigating insolvency and corporate restructuring can be a complex and stressful experience for any business. If your company is facing financial difficulties or you need expert advice on restructuring, our team at Hempenstall Daly is here to help. With years of experience in insolvency law, we provide tailored solutions to companies, directors, creditors, and investors across Dublin and Ireland. Our expertise ensures you receive practical, strategic, and results-driven advice to achieve the best possible outcome for your business.
We can help with
Why Choose Us?
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We have extensive experience in insolvency law and corporate restructuring.
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Our team advises directors, shareholders, and businesses of all sizes.
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We help clients mitigate insolvency risks and avoid personal liability.
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We work closely with leading insolvency practitioners and financial experts.
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Our firm has a proven track record of success in insolvency cases across Ireland.
Examinerships
Examinership is a legal process designed to protect struggling businesses from liquidation and give them time to restructure. We represent all parties involved in examinerships, including examiners, creditors, directors, shareholders, and investors. Our extensive experience includes successfully guiding businesses through examinership and protecting creditors from unfair arrangements. If your company has a reasonable prospect of survival, we can help you secure the legal protections and investment needed to recover and thrive.
SCARP – Small Company Administrative Rescue Process
SCARP is a cost-effective alternative to examinership, specifically designed for small and medium-sized enterprises (SMEs). This process allows companies to restructure their debts and continue trading while minimising court involvement. To qualify, businesses must meet two out of three financial criteria related to turnover, balance sheets, and employee numbers. We provide expert legal support through each stage of SCARP, helping businesses navigate creditor negotiations, rescue planning, and necessary court applications. If your SME is facing financial distress, we can guide you toward a structured recovery.
Liquidations
When a company faces insolvency, liquidation may be the only viable solution. Our team has over 20 years of experience advising liquidators, creditors, directors, and shareholders through the liquidation process. We handle all aspects of Creditors' Voluntary Liquidation, Members' Voluntary Liquidation, and Court Liquidation. Suppose you are a business owner considering winding up your company or a creditor seeking repayment. In that case, we provide clear, strategic advice to protect your interests and ensure compliance with legal requirements.
Receiverships
Receivership is a process in which a creditor appoints a receiver to recover outstanding debts by managing or selling company assets. Our team has extensive experience advising clients on receivership appointments and strategies. Whether you are a company owner, creditor, or investor, we provide legal support to ensure your interests are protected throughout the receivership process. We offer expert guidance on asset management, business continuity, and legal compliance during this critical time.
Corporate Restructuring
Corporate restructuring offers businesses an opportunity to overcome financial challenges and establish a more sustainable path forward. From asset sales, refinancing, debt restructuring, to management reorganisation, we provide tailored strategies to help companies regain financial stability. Our legal team has successfully assisted businesses in navigating complex restructures, enabling them to continue operating under new structures or funding arrangements. If your business is facing difficulties, we are here to provide proactive legal solutions that align with your long-term goals.
Insolvency and Corporate Restructure FAQ
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What is insolvency?
Insolvency occurs when a company is unable to pay its debts as they become due. If your business is struggling financially, it’s crucial to seek legal advice early to explore restructuring or recovery options.
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How does examinership help a company?
Examinership provides temporary legal protection to financially distressed companies, allowing them time to restructure and secure investment while continuing to trade.
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What is the difference between liquidation and receivership?
Liquidation involves winding up a company and distributing its assets, while receivership is when a creditor appoints a receiver to recover outstanding debts through asset management or sale.
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How do I know if my business qualifies for SCARP?
To qualify for SCARP, your business must meet at least two of the following criteria: turnover below €12m, balance sheet under €6m, or fewer than 50 employees. Our legal team can assess your eligibility and guide you through the process.