Practical rescue and restructuring support for viable small companies

The Small Company Administrative Rescue Process, commonly known as SCARP, is a formal restructuring process designed to help viable small companies restructure their debts and continue trading.

SCARP can provide breathing space for companies facing financial pressure, while allowing a Process Advisor to work with the company to prepare and propose a rescue plan to creditors.

At Corcoran Advisory, we provide clear, practical and commercially grounded support to directors, shareholders and stakeholders considering SCARP as a potential rescue option.

Business rescue where there is a viable future

SCARP may be suitable where a business is under financial pressure but has a reasonable prospect of survival if its debts can be restructured.

Viability review
Rescue plan preparation
Creditor engagement and process support

When might SCARP be appropriate?

SCARP may be appropriate where a company is experiencing financial difficulty but has a reasonable prospect of survival if its debts can be restructured.

1

Underlying viability

The underlying business is viable and can trade profitably after restructuring.

2

Creditor pressure

The company is under creditor or Revenue pressure and historic debts are preventing the business from moving forward.

3

Better outcome

Creditors may receive a better outcome than in liquidation if a credible rescue plan is proposed.

4

Business preservation

Directors want to preserve the business, protect employment and explore rescue options early.

How we can assist

We provide senior-led support throughout the SCARP process, from the initial assessment of the company’s viability through to preparation of the rescue plan and engagement with creditors.

  • Assessing whether SCARP is appropriate for the company
  • Reviewing the company’s financial position, cash flow and creditor profile
  • Considering whether the company has a reasonable prospect of survival
  • Advising directors on their duties, responsibilities and available options
  • Preparing or reviewing financial information and restructuring proposals
  • Liaising with accountants, solicitors, Revenue and key creditors
  • Acting as Process Advisor, where appropriate
  • Preparing and circulating the rescue plan
  • Managing the process through creditor approval, objection period and conclusion

SCARP roadmap

SCARP is designed to be a relatively streamlined rescue process. While each case depends on its own facts, the process generally follows the roadmap below.

Key timeline markers

The rescue plan is generally prepared and circulated before day 42, with creditor voting before day 49, followed by a 21-day cooling off period.

1
Pre-commencement

Statement of Affairs

Directors prepare a Statement of Affairs showing the company’s financial position, accompanied by a statutory declaration.

2
Viability test

Process Advisor Report

The Process Advisor prepares a report and forms an opinion on whether the company has a reasonable prospect of survival.

3
Day 0

Directors’ Resolution

Directors pass a resolution to commence the process, which is overseen by the Process Advisor. Court notification is filed.

4
By Day 42

Rescue Plan Prepared

The Process Advisor works with the company to prepare a rescue plan and circulate it to creditors before day 42.

5
By Day 49

Creditor Vote

Creditors vote on the rescue plan. Approval requires at least one impaired class of creditors to approve the proposal.

6
21 days

Cooling Off Period

Members or creditors have a 21-day period during which they may file an objection to the rescue plan in Court.

7
Conclusion

Plan Becomes Binding

The rescue plan becomes binding if no objection is raised, or if the Court approves the plan following an objection.

Possible outcomes

Rescue plan approved

The plan becomes binding and the company continues in line with the agreed restructuring terms.

Rescue plan objected to

The Court may be asked to consider the objection and determine whether the plan should be approved.

Rescue not viable

If SCARP is not appropriate or the plan fails, another insolvency process may need to be considered.

What if SCARP is not successful?

SCARP will not be suitable in every case. If the Process Advisor cannot conclude that the company has a reasonable prospect of survival, the company may need to consider an alternative insolvency process.

A rescue plan may also fail if it is rejected by creditors, if the Process Advisor recommends that the process should not continue, or if the Court does not approve the plan where an objection is raised.

Next steps if rescue is not viable

In those circumstances, directors should take advice on the next appropriate steps, which may include liquidation or another insolvency solution.

Director duties and early advice

Where a company is experiencing financial difficulty, directors should take care to understand their duties and the implications of continuing to trade.

Early advice can help directors assess whether the company is viable, whether SCARP is suitable, and what steps should be taken to protect the interests of creditors, employees and stakeholders.

Acting early can also improve the prospects of a successful restructuring, particularly where creditor engagement, cash flow management and a credible rescue plan are required.

Our approach

Step 1

Viability review

We review the company’s trading position, cash flow, balance sheet and creditor profile.

Step 2

Options assessment

We assess whether SCARP is suitable or whether another restructuring or insolvency option should be considered.

Step 3

Rescue planning

We work with the company to prepare a credible rescue plan and engage with key stakeholders.

Step 4

Process management

We manage the process through reporting, creditor circulation, voting, objection period and conclusion.

Practical support for business rescue

A successful restructuring requires more than a formal process. It requires a realistic assessment of the business, a clear understanding of creditor expectations, and a rescue plan that is practical and deliverable.

We work with directors and their advisers to provide clear advice, practical next steps and a structured approach to business rescue.

Our focus is on helping stakeholders understand the position, assess the options available and move through the process in a calm, commercially grounded manner.

Considering SCARP for your company?

If your company is experiencing financial difficulty but may have a viable future, contact us for clear, practical and confidential advice on whether SCARP may be appropriate.

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