The emergency situation caused by Covid-19 is severely testing the Italian economic system and many companies, from different sectors and sizes, are facing severe difficulties, above all the lack of liquidity.
If made over an extended period of time, the lack of liquidity undermines companies’ ability to survive, generating concern and mistrust towards the future.
Duke&Kay is aware that we are all facing hard times, having shared many times these critical situations with distressed companies and then successfully restructured
Those companies managed to overcome the critical moments and restart with their activities, realizing their future with renewed skills and energies.
Duke&Kay is the partner able to develop and implement a solid business plan, as well as interact with the bank system, funds and institutions. Duke&Kay designs and execute corporate structural transformations through a detailed due diligence, an effective planning of the activities to be carried out and above all through a careful selection of highly skilled managers to realize what planned and then achieve the objectives set.
Specifically, Duke&Kay acts to carry out:
- Assessment of distressed situations, management of appropriate restructuring plans
- Taking over assignments the BoD for the Restructuring Plans implementation
- Finding financial partners interested in investing in Non-Performing Loans, supporting distressed companies
In Business Transformation Duke&Kay provides cover of the whole process or any individual phase; during these phases Duke&Kay has proven effective team-up with specialized advisors (i.e. Legal and Financial Advisors) and/or Accounting/TSA firms, without overlapping, but enhancing clarity, focus and speed.
It can also offer specific consulting services for Business Plan preparation and to implement any issues involved in the reorganization process.
Duke&Kay works with the incumbent Management Team, in cooperation with other trusted Advisors, to set up the Business Plan, discuss and share it with the identified Expert (when occur) and even running the current operations. Moreover, Duke&Kay works with Stakeholders and Lenders to reach the Restructuring Agreements.
Managing a distressed company requires bringing together specialists, such as workout bankers, financial advisors, lawyers’ expert in Bankruptcy Laws, for some long negotiations, with key Stakeholders. Once reached the Agreements, Duke&Kay can immediately deploy the Industrial Plan where each Executive of the Restructuring Team assumes a specific responsibility as CRO, CEO, CFO etc. as agreed/dictated by the situation.
Duke&Kay Team often plays a critical role; in fact, while the Chief Restructuring Officer and the other Executives, alongside the internal management, take over the Restructuring leadership (just for the minimum requested period) managing the different stakeholders, the internal management team continues to oversight of day-to-day business operations. These coordinated activities dramatically increase the likelihood of a positive outcome for the Company, its employees and all the other stakeholders.
Our experience bears out the Chief Restructuring Officer (CRO) can ensure that everyone works together and aligned to get the requested changes in the organization, with a transparent dialogue with all to lead the project to success.
By experience we have seen the CRO may take different kind of assignment, according to the purpose of the intervention/project, and therefore would have different responsibilities, from the pure Observer to an extremely powerful Board Member.
Duke&Kay Executives are usually committed as Board Members with ordinary and/or extraordinary powers.
If the Coronavirus emergency did not stop within the year and with measures that effectively stop the economy of the most productive areas of the country, one in ten companies will go bankrupt. This is the alarm from the Cerved Rating Agency study “Impact of the Coronavirus on the Italian non-financial corporates”, a leading rating agency in Europe.
Who is the Restructuring Manager or CRO?
CROs or the so-called “crisis managers” are managers with a significant experience in corporate governance and who have directly managed recovery processes. In their professional career, therefore, they have already experienced crisis management. They are concretely alongside companies to assist them to growth
Who is the Restructuring Manager or CRO?
The term CRO (Chief Restructuring Officer) was coined by the Americans to identify who is in charge to carry out the corporate restructuring operations, consistent with some specifications of the well-known Chapter 11 of American insolvency procedures.
In fact, in the US bankruptcy system, the rules’ purpose is the early intervention of specialized judges, who identify and execute the actions for companies’ recovery, providing all the necessary tools to achieve the success of these initiatives. Among these, the hiring of a particular experienced manager, charged with all the necessary powers to guide the restructuring plan of the company.
A sort of “Commissioner” to use a term closer to Italian jurisprudence.
With the difference that he must not be a lawyer or an accountant, he must be a manager with specific industrial skills, full time focused, or so.
Does this mean that any manager could fill the CRO role? The answer is simple: NO.
To be a CRO, as the leader who guides the recovery of a distressed company, you must have psychological abilities and articulated professional skills.
- Deep knowledge of the Civil Code statute of limitations and the Bankruptcy Law. He must be able to speak with the Lawyers (and where necessary with the Judges of the Bankruptcy Courts) to know what NOT to do in order to avoid tragic consequences
- The ability to remain bright and calm in front of daily pressures and difficulties. The right balance between professional distance and commitment to the company can make the difference between success and failure
- Ability to think in an economic-financial way as well as a business approach
In any financial crisis every euro becomes important, therefore in the recovery process it is crucial to pay attention to every decision and initiative because they have an immediate impact on cash.
- Finally, a key point for the success of a restructuring plan; the knowledge of the industrial sector of the company to be restored.
There are specific business rules for each industry; just think of the time-to-market for the fashion industry, rather than that of consumer goods; or the certification procedures required by the world of the Automotive components or the tender procedures for the construction sector. And so on.
Consequently, the CRO must have been trained for many years in key roles of a Company.
A “generalist” manager (usually with financial background) in charge of managing the restoration of a distressed company, even if a good manager, mainly focuses on the standard “cost cutting” initiatives, removing unprofitable products, etc.
He/She also takes a few weeks (sometimes months) to understand the inner working of the business. In the meantime, all the adopted decisions (often with regards to emergency finance) can be counterproductive on a later reading.
It is therefore clear that an experienced manager in the sector will be able to read (in the “broader” sense) the situation in a few days and become operational and aware almost immediately.