Pci7 Mar 2016 17:51
The examiner's most important function is to attempt to formulate proposals for a scheme of arrangement which will facilitate the survival of the company and the whole or part of its undertaking as a going concern.
A scheme of arrangement frequently involves a new investor acquiring all or substantially all of the shareholding in the company together with a write down of the company's debt across a range of classes of creditors. In certain circumstances, third party investment is not required.
The examiner divides creditors into various classes (e.g. unsecured creditors, leasing creditors, retention of title creditors, floating chargeholders, fixed chargeholders, Revenue Commissioners, contingent creditors, etc.) and once proposals for a scheme of arrangement are formulated, they are circulated to each creditor and member and the examiner then convenes meetings of the various classes of creditors together with meetings of appropriate classes of shareholders.
Provided that at least one class of creditor votes in favour of accepting the examiner's proposals, the examiner may proceed to seek court approval sanctioning his scheme of arrangement thereby making it binding on dissenting parties. The voting by creditors at their meetings is by a majority in number representing a majority in value of the claims represented at that meeting.