“Early stage restructuring” refers to business restructuring before financial assistance to a debtor by a financial institution becomes a necessity, such as the rescheduling of debts. Even at the stage before cash-flow becomes limited, a company is often concerned about its future business continuity due to reasons such as explanatory notes to financial statements regarding the assumption of a going concern, a bad credit rating or reputation from financial institutions and customers, and a deterioration of cash-flow. In such cases, early stage restructuring by means of intensive commitment of business resources to both growth and high-profitable businesses with necessary fund raising is essential. For this purpose, early withdrawal of unprofitable businesses, consolidation or liquidation of subsidiaries and the encouragement of early retirement should be conducted.
Nishimura & Asahi provides legal services for early stage restructuring to both global enterprises and SMEs, assembling a highly experienced and knowledgeable team consisting of a full range of specialists in our firm.
- Related practice areas
- M&APrivate EquityCross-border M&ACorporate GovernanceShareholders' Meetings & Relationships with ShareholdersCorporate & Commercial TransactionsCapital MarketsStructured Finance/SecuritizationAsset FinanceProject FinanceAcquisition FinanceDerivativesSecurities Litigation/Disputes Related to Financial ProductsCorporate Reorganization & Civil RehabilitationBankruptcyLiquidation Proceedings/Special Liquidation ProceedingsEarly Stage RestructuringCross-border RestructuringCivil Disputes Arising from Corporate ScandalsInternal Investigations & Outside InvestigationsAccounting FraudTax PlanningTax CounselingLabor LawBusiness SuccessionsInfrastructure/PPPElectricity/GasNatural Resources & EnergyTelecommunicationsBroadcasting Internet/Cyber LawFilmEntertainmentSportsMedicine/Medical DevicesMedical Field/HealthcareHealthcare IT/Medical CloudBiotechnologyElectronicsAutomotive & Auto PartsAerospace/SpaceRobotics/Artificial IntelligenceChemicals
Major Cases
- 2019
- Works Applications: Carve-out of its HR business and sale to Bain Capital
- 2018
- Toshiba Corporation: Sale of Westinghouse claims for US$2.16 billion
- 2018
- Shidax Corporation - Sale of stake in Shidax Community Corporation and issuance of preferred stock
- 2017
- Toshiba Corporation - US$5.3 billion capital raise via a third-party allotment
- 2016
- Sharp Corporation's receipt of capital injection from Hon Hai Precision Industry Co., Ltd.
Related Publications/Seminars