Corporate Restructuring

We are Stibbe Corporate Restructuring Specialists

Our restructuring and insolvency teams are regularly involved in major domestic and international cases providing clear guidance and efficient, practical advice.

Corporate Restructuring

A key aspect of our work is to establish confidence between the business, its shareholders and creditors – implementing restructuring projects of any complexity.

Acting on financial and tax restructurings, we handle issues regarding national and international sale and acquisition transactions, cross-border mergers, share buy-back schemes, capital increases and decreases, equity and dividend stripping, simplification of group structures and company liquidations. 

By creating close working partnerships with our clients, we help them to overcome any financial difficulties through pragmatic and practical solutions. In this way we regularly assist financial advisers, companies, management, shareholders and governments. Besides providing an advisory role, we also conduct legal proceedings, if necessary, to achieve the restructuring of the debtor. 

Teamwork with colleagues who specialise in other legal areas such as corporate finance, mergers and acquisitions, tax, insolvency and litigation, enables us to deliver a comprehensive legal service. 

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25.03.2020 NL law
Key considerations for management and owners of Dutch privately held companies in distress due to COVID-19

Short Reads - The COVID-19 pandemic has a significant and immediate adverse effect on many companies in different industries. Many PE portfolio companies are particularly vulnerable given the typical high leverage finance structure and inherent need to maintain cash flow. To meet these challenges and mitigate liability risks, management and owners may need to take clear and immediate action (and refrain from certain other actions) in the interest of all stakeholders. The following sets out some key legal guidelines for management and owners when dealing with a Dutch subsidiary in distress.

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25.09.2019 NL law
Restructuring: introduction of Dutch Scheme one step closer

Short Reads - On 5 July 2019 the Minister of Justice submitted a bill to parliament that will add a new powerful tool to the Dutch restructuring toolbox. The bill on the "Act on the Confirmation of a Private Restructuring Plan" is expected to introduce a serious competitor to the UK's Scheme of Arrangement and the USA's Chapter 11.

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21.05.2019 BE law
The International Comparative Legal Guide to Corporate Recovery & Insolvency 2019 - Belgian chapter

Articles - This Guide covers common issues in corporate recovery and insolvency - including issues that arise when a company is in financial difficulties, insolvency procedures, cross-border issues - in 30 jurisdictions. Pieter Wouters and Paul Van der Putten of Stibbe Brussels' Litigation department contributed to the Belgian chapter of the ICLG.

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24.03.2020 NL law
Job van Hooff and Daisy Nijkamp present webinar on The Dutch scheme (WHOA) – the upcoming new Dutch restructuring tool

Short Reads - Job van Hooff and Daisy Nijkamp, in collaboration with Lexology, will present a webinar on WHOA on 2 April 2020. During the webinar they will look at a new bill prepared by the Dutch legislature - the Act on the Confirmation of Private Restructuring Plans (Wet homologatie onder onderhand akkoord) - which introduces a framework that makes it possible for debtors to restructure their debts outside formal insolvency proceedings.

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15.01.2020 NL law
The Dutch scheme - a summary of the upcoming new restructuring tool

Short Reads - As mentioned in our earlier blog, the Dutch legislator has prepared a bill – the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord) – introducing a framework that allows debtors to restructure their debts outside formal insolvency proceedings (the “Dutch Scheme“). We expect this highly-anticipated bill to enter into force by this summer. The Dutch Scheme combines features from the UK Scheme of Arrangement and the US Chapter 11 proceedings. Below, we summarize certain key aspects of the Dutch Scheme.

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13.06.2019 NL law
EU reshaping the restructuring landscape? Directive on Restructuring and Insolvency approved by EU Council

Short Reads - The Council of the European Union adopted a proposal for a Directive on restructuring and insolvency (2016/0359 (COD) on 6 June 2019. The Directive will enter into force twenty days after it is published in the Official Journal of the European Union. From that date, Member States will have two years to implement the substantive parts of the Directive in their national legislation, although a one year extension can be granted.

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13.05.2019 LU law
Stibbe reinforces its Luxembourg office with the appointment of three new Counsel

Inside Stibbe - Stibbe reinforces its Luxembourg office with the appointment of Vanessa Schmitt (Corporate & Finance), Olivier dal Farra (Tax), and Frédéric Pilorget (Corporate & Finance) as Counsel. The new appointments have taken effect in April and allow Stibbe to further strengthen its Luxembourg tax and corporate and finance teams to continue to respond to market needs.

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18.03.2020 EU law
Stibbe: COVID-19

Short Reads - In view of the developments concerning the coronavirus, we hereby inform you of our business operations and the measures we take to ensure the continuity of our services to you.

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10.12.2019 NL law
David Orobio de Castro, Michael Molenaars and Job van Hooff new board Stibbe in Amsterdam

Inside Stibbe - As of 1 January 2020, David Orobio de Castro, Michael Molenaars and Job van Hooff will form the new board of Stibbe in Amsterdam. David Orobio de Castro has been on the board of Stibbe since 2016 and succeeds Derk Lemstra as managing partner. After a period of six years on the board, Derk will once again fully focus on advising clients in the field of corporate law.

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21.05.2019 NL law
Corporate Recovery & Insolvency in the Netherlands

Articles - Does the legislative framework in your jurisdiction allow for informal work-outs, as well as formal restructuring and insolvency proceedings, and to what extent are each of these used in practice? What formal rescue procedures are available in your jurisdiction to restructure the liabilities of distressed companies? What effect does each restructuring procedure have on existing contracts? How are the creditors and/or shareholders able to influence each winding up process. 

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13.05.2019 LU law
Stibbe renforce son cabinet luxembourgeois en nommant trois nouveaux Counsel

Inside Stibbe - Stibbe renforce son cabinet au Luxembourg avec la nomination de Vanessa Schmitt (droit des sociétés et droit financier), Olivier dal Farra (droit fiscal) et Frédéric Pilorget (droit des sociétés et droit financier) en tant que Counsel. Ces nouvelles nominations ont pris effet au mois d’avril et permettent à Stibbe de renforcer davantage son équipe luxembourgeoise en droit fiscal ainsi qu’en droit des sociétés et droit financier afin de continuer à répondre aux besoins du marché.

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