Restructuring & Debt Advisory
French Duncan Restructuring & Debt Advisory is a leading Scottish advisory and restructuring practice specialising in advising small, medium and large businesses facing financial or strategic challenges at various stages of their business lifecycle.
Our partner-led teams work with a range of stakeholders, including directors, lenders, private investors and creditors, to ensure that each case is considered on its own unique circumstances, and to advise on, and implement, the most appropriate solution.
Our services include
Working from offices in Edinburgh, Glasgow and Hamilton, the teams are headed by partners Eileen Blackburn and Brian Milne, assisted by an experienced senior team with experience, not only in insolvency and restructuring, but also in industry, the legal profession and banking.
Our recent highlights include:
- The liquidation of a 5 star hotel in Edinburgh which was traded for a 6 month period before being offered to the market for sale;
- the turnaround of a conferencing centre via a trading receivership strategy;
- the sale of a 25 acre ’ghost village‘ in the West of Scotland for a secured lender;
- a judicial factor appointment to a distressed legal practice;
- options analysis for a secured lender to a specialist engineering business;
- expert witness work for a client defending disqualification proceedings; and
- the solvent liquidation of hotel chain, returning over £12m to shareholders within one month of the process commencing.
Statement of Insolvency Practice (PDF 203kb)
Insolvency Code of Ethics
Independent Business Review (IBR)
If your business is underperforming, distressed or suffering a cash crisis, we can provide a tailored business review for stakeholders or lenders to the business. This service clarifies the immediate and medium term issues facing the business and will provide a clear evaluation of the options available and suitable recommendations.
When a business is suffering from severe financial underperformance, any solution is likely to involve operational restructuring. Through our years of experience of dealing with distressed and underperforming businesses, we can assist you in identifying the core business issues and work with you to develop a restructuring plan which is viable and achievable.
Working capital improvement
Even the most profitable of businesses can suffer from sporadic short term cash flow issues. We have experience of helping businesses identify the root cause of cash shortages and work with management to help maximise your working capital and cashflow.
Time to Pay (HMRC)
From time to time genuinely viable businesses are forced by creditor pressure into an insolvency process which could easily have been avoided. We can help ifyou are in arrears to HMRC for VAT or PAYE - by proposing realistic time to pay arrangements to HMRC as we are aware of their normal criteria and likelihood of acceptance of such proposals.
Company Voluntary Arrangement (CVA)
A Company Voluntary Arrangement (CVA) is a legally binding agreement between the company and its creditors to repay those creditors, either in part, or in full, over a period of time. The procedure is typically used where there is a profitable core business which has become overburdened by historic debt, such as PAYE, VAT, rent or rates arrears. CVA procedures are increasingly used to help restructure businesses which have a viable future.
Administration is a formal insolvency process which can be used to save a viable business. Administration provides a moratorium against creditor action in order to allow the Administrator to trade the business whilst either rationalising to allow the business to trade out of Administration or whilst looking for a purchaser for the business.
Members' Voluntary Liquidation/S110 Reconstruction
Members Voluntary Liquidation or Solvent Liquidation, is a process which can be used tax efficiently to close a solvent company and return the surplus assets or cash back to the owners. We have a wealth of experience with this process and our in-house tax expertise will ensure that the process is conducted in the most tax efficient manner. S110 Reconstruction is a tax efficient way to deal with a number of businesses within one limited company being either closed or disposed of with no chargeable gain.
Creditors' Voluntary Liquidation (CVL) & Compulsory Liquidation (WUC)
Unfortunately businesses fail on occasion. Once the directors realise that their company is in an irretrievably insolvent position, or is unable to pay its debts as they fall due, they have a responsibility to ensure that they seek appropriate advice and, if appropriate, place the company into liquidation. This can be done either by CVL or WUC at the instance of the Company. The liquidator will then realise the assets of the company and distribute the cash proceeds to the creditors according to their appropriate rankings.
Trust Deeds & Sequestration
FD Debt Solutions is the consumer debt arm of French Duncan Chartered Accountants, for further information and assistance with your debt issues please go to our dedicated consumer debt website - www.fddebtsolutions.co.uk.