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Deed of Company Arrangement
I need a Deed of Company Arrangement for a company undergoing voluntary administration, outlining the terms for restructuring its debts and obligations to creditors, with provisions for continued business operations and a timeline for repayment. The document should include clauses for creditor approval, administrator's duties, and conditions for termination or modification of the arrangement.
What is a Deed of Company Arrangement?
A Deed of Company Arrangement is a legally binding rescue plan that helps struggling businesses avoid liquidation in Singapore. It outlines how a company will pay its debts and continue operating while protecting both creditors' interests and jobs. Think of it as a fresh start agreement between a troubled company and its creditors.
Under Singapore's Insolvency, Restructuring and Dissolution Act, this deed lets companies restructure their obligations with creditor approval. It typically includes payment schedules, business transformation plans, and specific terms for debt settlement. Once approved, it binds all creditors and gives the company breathing room to recover while maintaining key business relationships.
When should you use a Deed of Company Arrangement?
Consider a Deed of Company Arrangement when your Singapore-based company faces serious financial difficulties but still has potential for recovery. This rescue tool works best if your business has viable core operations but needs breathing space from creditor pressure to implement turnaround strategies.
Time is critical - initiate this process before cash flow problems become terminal. The deed proves especially valuable when you need to protect essential contracts, maintain supplier relationships, or preserve employee jobs while restructuring. It offers more flexibility than judicial management and less stigma than liquidation, making it ideal for companies with strong underlying business models facing temporary setbacks.
What are the different types of Deed of Company Arrangement?
- A standard Deed of Company Arrangement typically includes debt repayment schedules and business continuity plans
- Fast-track deeds focus on swift restructuring with minimal creditor modifications, ideal for smaller companies
- Complex arrangements incorporate detailed operational restructuring, often used by larger corporations with multiple creditor classes
- Industry-specific variations adapt to unique sector requirements, like construction companies with project completion guarantees
- Asset preservation deeds prioritize maintaining key business assets while restructuring debt obligations
Who should typically use a Deed of Company Arrangement?
- Company Directors: Initiate and oversee the arrangement process, remaining responsible for day-to-day operations during restructuring
- Insolvency Practitioners: Act as deed administrators, managing the arrangement's implementation and creditor relationships
- Creditors: Vote on the arrangement terms and become bound by its provisions once approved
- Corporate Lawyers: Draft and review the deed terms, ensuring compliance with Singapore's insolvency laws
- Employees: Become affected parties under the arrangement, with their employment terms potentially modified
How do you write a Deed of Company Arrangement?
- Financial Assessment: Compile detailed company accounts, debt schedules, and cash flow projections
- Creditor Analysis: List all creditors, amounts owed, and security arrangements
- Business Plan: Prepare a viable turnaround strategy showing how the company will recover
- Asset Inventory: Document all company assets, their values, and any existing charges
- Timeline Planning: Set realistic debt repayment schedules and business milestones
- Stakeholder Engagement: Secure preliminary support from major creditors before formal proposal
What should be included in a Deed of Company Arrangement?
- Company Details: Full legal name, registration number, and registered address of the distressed company
- Administrator Powers: Clear outline of the deed administrator's authority and responsibilities
- Debt Treatment: Detailed breakdown of how different classes of creditors will be treated
- Payment Terms: Specific repayment schedules, amounts, and conditions for each creditor group
- Operational Controls: Management restrictions and reporting requirements during the arrangement
- Termination Provisions: Conditions for ending the arrangement, including successful completion or breach
What's the difference between a Deed of Company Arrangement and a Guarantee Deed?
A Deed of Company Arrangement differs significantly from a Guarantee Deed in both purpose and scope. While both are legally binding documents, they serve distinct functions in Singapore's corporate landscape.
- Primary Purpose: A Deed of Company Arrangement focuses on comprehensive business rescue and debt restructuring, while a Guarantee Deed secures specific financial obligations between parties
- Parties Involved: Company arrangements bind all creditors and the company itself, whereas Guarantee Deeds typically involve just the guarantor, creditor, and debtor
- Scope of Protection: Company arrangements provide broad protection from creditor actions across the business, while Guarantee Deeds protect specific transactions or obligations
- Duration: Company arrangements typically last until the business recovers or completes restructuring, while Guarantee Deeds remain active until the guaranteed obligation is fulfilled
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