Restructuring concepts and implementation

Restructuring concepts (or restructuring reports) and their implementation belong together. A concept alone makes no sense if not incorporated into operational practice, nor is it purposeful to act without a concept if the company is to be brought back on track.

Should entrepreneurs notice that their company is no longer running smoothly, they must consider how to identify the causes of the crisis and how to develop measures going forward in order to restore the company’s stability. The banks involved often call for a restructuring concept in accordance with IDW S 6 or a restructuring concept in accordance with current BGH case law. Sometimes the term Independent Business Review, is also used, which is an abridged restructuring report.

MISSION

Restrukturierungspartner develop restructuring concepts jointly with the client. We analyse the company in question, jointly develop restructuring measures and present everything in a restructuring concept.

This forms the basis for necessary decisions to be made by the financers regarding the further support of the company.

Core components of a restructuring concept as per IDW S 6 or according to the case law of the Federal Court of Justice:

1. Presentation and analysis:

Current economic situation
Short-term liquidity planning
Classification of the crisis stage
Market and competitive situation
Current economic situation
Operational processes, value chain

2. Mission statement:

Core competencies
Strategic orientation... this can include any conceivable new orientation such as further growth, acquisition of other companies, focusing on certain products or business areas

3. Restructuring measures:

Financial measures to restore or maintain the solvency of the company and to strengthen its equity capital
Operational measures to optimize the value chain
Strategic measures to move the company in the direction of its mission statement

4. Integrated planning calculation:

Illustration of the development of the profit and loss account, balance sheet and liquidity over a period of approx. 3 years
Presentation of the effects of the planned restructuring measures

Once the restructuring concept has been drawn up, the first step is to talk to the financers involved. They need to continue supporting the company by keeping the credit lines open or providing fresh money to give the company time to safely implement the operational and strategic restructuring measures.

While in many cases the restructuring report can be prepared within a period of 6-8 weeks, the implementation of all restructuring measures takes much longer.

Important elements of a successful implementation of a restructuring concept

1. Setting up external Restructuring Reporting

to regularly inform financers on the progress of the restructuring process, independently of third parties.

2. Appointing an interim manager

for special tasks, e.g. in purchasing, sales or production, should the company itself not have sufficient capacity or know-how. As a rule, the interim manager is assigned temporarily in order to empower the company or its employees.

3. Appointing a restructuring manager

or CRO (Chief Restructuring Officer), who organizes and takes responsibility for the restructuring concept from within the company, is an ideal solution. The CRO is the first point of contact for all matters relating to restructuring, both internal and external, and can therefore also implement unpopular decisions more easily than the incumbent management.

4. A steering committee is set up,

comprising the company itself, the restructuring consultant, the CRO and, in particular, some of the financers. The task of this committee is to monitor the restructuring process and advise the company on key issues.

Burkhard Jung

Partner and Managing Director

+49 30 2064 3720 0
BJung@rsp.eu