PKF Attest Legal and tax advice

PKF Attest Legal and tax advice

PKF Attest Legal and tax advice

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Bankruptcy

Bankruptcy

The current economic situation has put many companies in a very critical situation, forcing them to adopt financial and legal measures. 

The multidisciplinary team of PKF Attest has a wide experience in the management of insolvency proceedings from different positions, which allows us to have a practical and decisive vision of the problems generated. 

What we offer 

Economic and financial analysis for the knowledge of the real situation of the business and its future viability and the implementation of early warnings to prevent insolvency, in order to anticipate problems and therefore be able to take the appropriate measures to solve them, among which are the pre-bankruptcy and bankruptcy. 

Insolvency and pre-bankruptcy institutions are not only liquidation mechanisms, but also restructuring mechanisms for the continuation of the business, but the later they are resorted to, the more difficult it will be to achieve this second objective. Preventive legal and economic planning and advice at the first signs of financial stress can avoid insolvency or help the company to emerge quickly and successfully from insolvency, without incurring the liability of the administrators, with the consequent risk to their private assets. 

We accompany companies to prevent or cushion the impact of possible economic crises and in the case of being impacted to find the best feasible solution in each case. 

Comprehensive assistance inall stages of the bankruptcy proceedings from a legal and financial point of view:

How we can help you:

  • Pre-bankruptcy situations

  • Preparation and follow-up of the competition

  • Defense of creditors

  • Analysis of the different alternatives available to the Companyin order to evaluate the feasibility and implications of the request for bankruptcy, analyzing the possibility of proposing an early agreement or reaching an ordinary agreement with the creditors.
  • Advice on the presentation and negotiation of the restructuring plan.
  • Assists in negotiations with suppliers and customers.
  • Analysis of the personal risks of the company's directors and partners.The analysis of the personal risks of the company's directors and partners, of other companies of the group, of the partners' patrimonial companies and of the liability of the directors.
  • Analysis and review of the consequences of an insolvency proceedingfor both the company and the administrators
  • Financial study of the different possible scenarios possible scenarios of "write-offs and deferrals and other alternatives" that could be considered in order to reach the agreement.
  • Processing of the request for competition.
    •  Preparation of documentation to be submitted to the courts. Among others:
    • Memoryto be enclosed with the application forapplication for voluntary bankruptcy.
    • Inventory and list of assets and rights of the Company ..
    • List of creditors and debtorsof the Company.
    • Report of significant changes in equity since the last annual accounts were prepared and filed, and of transactions which, by their nature, purpose and amount, exceed the debtor's ordinarysince the last annual accounts were prepared and filed, and of the transactions which, due to their nature, purpose and amount, exceed the debtor's ordinary course of business.
  • Representation and defense of the insolvent company during all phases of the procedure, combining the objectives of continuity, satisfaction of creditors and absence of economic responsibility of administrators, partners and directors. Thus: 
    • Coordination and dialogue with the insolvencyadministration and creditors.
    • Preparation and negotiation ofagreement proposals and follow-up for their compliance.
    • Renegotiation of contracts or agreementswith the Company's main creditors, suppliers and customers.
    • Control of the corporate liquidation 
      • Defenseof the administrators, partners and directors in the qualification of the insolvency proceeding.
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Theinsolvency of a customer or other debtorcan have very detrimental effects for the Company. In order to minimize the risks and damages, it is important to adopt preventive measures and to monitor the insolvency proceedings for the best defense of the credit. In this sense, our actions include, among others: 

  • Request fornecessary insolvencyof the debtor
  • Communication ofcredit and VAT deduction.
  • Monitoring of credit recognition and its effects
  • Analysis of theand control of the payment plan.

From PKF Attest we help you to solve any problem that may arise. We have more than 30 years of experience behind us.

Home " Services " Insolvency

Contact us at

Carlos Palomino

Carlos Palomino

Partner

Linkedin
Alberto Rodriguez

Alberto Rodriguez

Partner

Linkedin

News

Law 16/2022, of September 5, 2022, on bankruptcy reform. Published in the Official State Gazette of September 6, 2022.

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Consulta Vinculante V1401-22, dated June 15, 2022 of the Subdirección General de Impuestos sobre el Consumo (General Directorate of Consumption Taxes)

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Tax Novelties of the Foral Regulation 8/2022, of July 20, 2002

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PKF Attest advisor in the sale of Fervilor Michels and Balsapack Hispania to Innometal

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PKF Attest is a member of PKF Global, the network of member firms of PKF International Limited, each of which is a separate and independent legal entity and accepts no responsibility or liability for the actions or inactions of any individual member or correspondent firm(s). "PKF" and the PKF logo are registered trademarks used by PKF International Limited and member firms of the PKF Global network. They may not be used by anyone other than a duly authorized member firm of the Network.

PKF Attest is a member of PKF Global, the network of member firms of PKF International Limited, each of which is a separate and independent legal entity and does not accept any responsibility or liability for the actions or inactions of any individual member or correspondent firm(s). "PKF" and the PKF logo are registered trademarks used by PKF International Limited and member firms of the PKF Global Network. They may not be used by anyone other than a duly licensed member firm of the Network.

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