Restructuring

For companies/banks

Preparation of restructuring concepts in accordance with IDW S6 by Green M&A

Acute crisis situations in companies require a sound restructuring plan.

  • If a company’s financial equilibrium is disrupted or there are sustained impairments to its earnings, this requires management to take drastic corrective measures.
  • Such restructuring and reorganisation is the primary responsibility of management, also for reasons of liability.
  • The reorganisation efforts are usually documented in a reorganisation plan.

Green M&A prepares restructuring reports in accordance with IDW S6.

  • A qualified restructuring concept must meet various requirements set out in Standard S6 of the Institute of Public Auditors in Germany (IDW).
  • A restructuring report prepared by Green M&A meets all the requirements of S6, takes current case law into account and sets out a viable path for all parties involved to overcome the crisis.
  • Through concrete performance and financial restructuring measures, the report lays the foundation for a genuine and sustainable restructuring of the company.

Reasons for preparing renovation reports in accordance with IDW S6

  • Support during restructuring or reorganisation by the principal bank/credit bank
  • Handling of problem loans by the principal bank (MaRisk BTO 1.2.5)
  • Negotiations with stakeholders, e.g. regarding shareholder contributions
  • Relief for executive bodies in relation to liability issues
  • Relief for creditors with regard to grounds for contesting payment agreements
  • Qualification of tax-free restructuring gains in accordance with Section 3a of the German Income Tax Act (EStG)

References

We have successfully supported numerous companies in the area of restructuring concepts in accordance with IDW S6 (references anonymised).

Biogas/biomethane

  • Following the insolvency of the holding company, preparation of restructuring reports for a large number of operating companies.
  • Implementation of ongoing commercial support, assessment of measures to eliminate maintenance and repair backlogs, development of a concept for optimising plant operations.
  • Successful conclusion by securing corporate financing and sale to an investor.

Photovoltaics

  • A solar power plant group operating across Europe discovers fraudulent activities on the part of the seller following the acquisition of a PV project company, triggering a stakeholder crisis.
  • Support with turnaround management, review and optimisation of investments to ensure the PV park is ready for operation, optimisation of the financing structure.
  • Support for management in the successful structuring and acquisition of new financing partners.

Machinery and plant engineering

  • A highly diversified company needs to secure urgently needed pre-financing for orders in a difficult economic environment.
  • Analysis of historical and economic developments in individual business areas and detailed assessment of the business model, measures in the area of cost and performance accounting and WC management.
  • Following the positive conclusion of the restructuring concept, the company’s principal bank continues to support the engagement.

Agricultural economy

  • Vacancies in the company management threatened the continued existence of the agricultural business, with 700 hectares of land, livestock, a biogas plant and a farm shop.
  • Implementation of CRO to relieve the management, preparation of IDW S6 confirming the continuation of operations and development of measures to consolidate operations and solvency.
  • Completion through the acquisition of new financing partners and shareholders.
Green M&A offers hands-on support, analysis and planning in corporate crisis situations.

Company bodies have a responsibility to assess whether there are grounds for insolvency.

  • The managing director or board of directors is always obliged to ascertain the economic situation of the company in order to be able to identify any indications of a risk of insolvency.
  • Systems for monitoring the liquidity and asset situation must therefore be put in place.
  • Otherwise, those responsible will be liable to claims and sanctions for delaying insolvency.

Green assesses any grounds for insolvency and makes going concern forecasts.

  • Green Energy M&A provides support as an external expert and offers operational and financial advice in (impending) crises.
  • We prepare expert going concern forecasts in accordance with IDW S11, which give entrepreneurs the security of not exposing themselves to increased risks.
  • In the event of a B scenario, we make concrete preparations in StaRUG cases as well as for insolvency, self-administration and protective shield proceedings.
  • We also provide tools for a valid liquidity status and short-term liquidity planning.

Our industry focus

Biogas & biomethane

Photovoltaics

Wind energy

Energy trading & electromobility

Agricultural economy

Machinery and plant engineering