Debtor and Creditor Negotiations
The consequences of COVID-19 and the national lockdown will have adversely affected the ability of many businesses to settle their debts and creative measures are required to recover claims whilst protecting business relationships. Certainly, these business relationships will remain crucial in the ‘new normal’ economy.
At Barnard Inc. our teams are cognisant of our role in this process. We have a duty to consider our clients’ commercial interests before adopting certain legal strategies, and these strategies must be tailored to reflect the prevailing ‘reset’ philosophy while protecting our clients’ proprietary interests.
Our commercial lawyers act for clients in a variety of sectors – including engineering, retail, telecommunications, banking and insurance.
Whilst liquidation and business rescue proceedings remain an option for suitable candidates, creditors (and bona fide debtors) may now require subscribing to an innovative mechanism to negotiate and arrange their debt affairs.
Our team has considerable experience in legal matters related to assisting creditors with the recovery of substantial debts. We are also able to introduce corporate debtors to smart, legal commercial avenues – which may be on the basis of legal recourse alone, or in combination with the introduction to strategic finance partners – to enable them to take care of their debts.
Debt & Credit Legal Services
- Legal audit consultation to ascertain exposure and suitable approach
- Negotiate and settle on payment plans
- Negotiate and compromise with creditors in terms of section 155 of the Companies Act
- Negotiate and compromise with SARS in terms of section 200 of the Tax Administration Act
- Mediate disputes between debtors and creditors
- Introduction to private equity funding partners
- Corporate restructures, transactions and concomitant due diligences
- Business Rescue Proceedings and post commencement finance introductions