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Deed of Company Arrangement Template for Switzerland

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Deed of Company Arrangement

I need a Deed of Company Arrangement for a Swiss-based company undergoing financial restructuring, ensuring creditor claims are addressed fairly while allowing the business to continue operations. The document should outline the terms of debt repayment, management changes, and any necessary operational adjustments, with a focus on compliance with Swiss insolvency laws.

What is a Deed of Company Arrangement?

A Deed of Company Arrangement helps struggling Swiss companies avoid bankruptcy by creating a formal agreement between the business and its creditors. It outlines how the company will pay its debts and continue operating while under financial stress, similar to a rescue plan.

Under Swiss debt restructuring law, this binding arrangement lets businesses negotiate payment terms, restructure operations, and protect assets while working toward recovery. The deed must be approved by creditors and the court, giving companies breathing room to implement changes and emerge financially stronger. It's particularly useful for mid-sized enterprises facing temporary financial difficulties but with viable business models.

When should you use a Deed of Company Arrangement?

Consider a Deed of Company Arrangement when your Swiss business faces serious financial pressure but still has potential for recovery. It's particularly valuable when you need time to restructure operations while keeping creditors satisfied and preventing immediate bankruptcy proceedings.

This arrangement works best if your company has a realistic plan to return to profitability within 6-24 months. Key triggers include struggling with debt payments, facing pressure from multiple creditors, or needing to reorganize operations while maintaining essential business relationships. The sooner you start this process after identifying financial difficulties, the more options you'll have for successful restructuring.

What are the different types of Deed of Company Arrangement?

  • Standard Recovery Deed: For businesses needing basic debt restructuring and payment rescheduling with creditors
  • Asset Protection Deed: Focuses on preserving key business assets while negotiating with creditors
  • Operational Restructuring Deed: Includes detailed plans for business reorganization alongside debt arrangements
  • Fast-Track Deed: Streamlined version for smaller companies with straightforward debt situations
  • Industry-Specific Deed: Tailored arrangements addressing unique challenges in sectors like manufacturing or hospitality

Who should typically use a Deed of Company Arrangement?

  • Company Directors: Initiate and oversee the arrangement process, maintain responsibility for business operations during restructuring
  • Creditors: Review and vote on the proposed arrangement, become legally bound by its terms once approved
  • Insolvency Administrators: Supervise the arrangement's implementation, ensure compliance with Swiss debt restructuring laws
  • Legal Counsel: Draft the deed, ensure it meets regulatory requirements, advise on restructuring strategy
  • Court Officials: Review and approve the arrangement, oversee its legal implementation and enforcement

How do you write a Deed of Company Arrangement?

  • Financial Assessment: Gather detailed records of company debts, assets, cash flow projections, and current market value
  • Creditor Information: Compile complete list of creditors, debt amounts, and payment terms
  • Business Plan: Prepare realistic recovery strategy showing how company will return to profitability
  • Legal Requirements: Check Swiss debt restructuring regulations and court filing procedures
  • Stakeholder Input: Get preliminary feedback from major creditors and draft initial payment proposals
  • Documentation: Use our platform to generate a legally compliant arrangement that includes all required elements

What should be included in a Deed of Company Arrangement?

  • Company Details: Full legal name, registration number, registered address, and authorized signatories
  • Arrangement Terms: Detailed payment schedule, debt restructuring plan, and creditor classification
  • Implementation Timeline: Clear deadlines for payments, restructuring milestones, and progress reporting
  • Creditor Rights: Voting mechanisms, payment priorities, and enforcement procedures
  • Administrator Powers: Scope of authority, monitoring responsibilities, and reporting obligations
  • Termination Conditions: Circumstances for deed modification, completion, or early termination
  • Governing Law: Explicit reference to Swiss debt restructuring regulations and jurisdiction

What's the difference between a Deed of Company Arrangement and an Intercompany Agreement?

A Deed of Company Arrangement differs significantly from an Intercompany Agreement in both purpose and scope. While both documents govern business relationships, they serve distinct functions in Swiss corporate law.

  • Purpose and Timing: A Deed of Company Arrangement is used during financial distress to restructure debt and avoid bankruptcy, while an Intercompany Agreement manages ongoing relationships between affiliated companies during normal operations
  • Legal Effect: The Deed binds all creditors once approved by the court, whereas an Intercompany Agreement only affects the specific companies that sign it
  • Scope of Control: A Deed oversees comprehensive business restructuring and debt management, while Intercompany Agreements typically focus on specific operational aspects like service provision or resource sharing
  • Duration: Deeds usually have a fixed timeline for debt repayment and restructuring, while Intercompany Agreements often continue indefinitely until terminated

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