This book presents an account of legal, economic and managerial perspectives on governance in situations of financial distress and insolvency. It uses detailed real-life case studies of executive decision making to explore and illustrate the discussion. The book deals with the emergence of corporate governance as a framework of checks and balances on executive decision-making, before moving to the core issues of governance during financial distress and insolvency and alternative informal and formal rescue. Identifying and reviewing turnaround strategies and formal rescue processes available to management, the book also examines the increasing importance of creditors and their impact on business decision-making. The book provides a detailed interpretation of governance in five mega insolvencies in retail and construction following the financial crisis in 2008. It also sets out a methodology which is designed to inform and help those readers seeking to analyse and interpret director behaviour in such circumstances.
Businesses fail – some spectacularly and suddenly, others more gradually over time. In some companies business decline can be turned around or at least delayed. In many others there is no option other than business closure. Over the past twenty years the rate of business failure has accelerated. Insolvency rates are high not just for small businesses but also for large well known public companies. Identifying possible causes of business distress is now recognised as an important agenda item. Creating the capacity to bounce back from such distress – business resilience – has become a priority. The authors blend their own practical experience, academic research and a systematic analysis of recent high profile cases including Flybe Group Plc, Arcadia Group Ltd, Carillion Plc, NMC Health Plc and Thomas Cook Group Plc in a review of potential causes of business distress and key resilience drivers. This is presented in detail in separate chapters covering business purpose, board effectiveness, the quality of strategic planning, financial stewardship, risk management, business turnaround strategies and director duties in times of business distress. The book sets out a practical benchmarking framework in the form of a toolkit with a series of detailed evidences – performance indicators – that companies can use to assess potential business distress and build a resilient company.
This book presents an account of legal, economic and managerial perspectives on governance in situations of financial distress and insolvency. It uses detailed real-life case studies of executive decision making to explore and illustrate the discussion. The book deals with the emergence of corporate governance as a framework of checks and balances on executive decision-making, before moving to the core issues of governance during financial distress and insolvency and alternative informal and formal rescue. Identifying and reviewing turnaround strategies and formal rescue processes available to management, the book also examines the increasing importance of creditors and their impact on business decision-making. The book provides a detailed interpretation of governance in five mega insolvencies in retail and construction following the financial crisis in 2008. It also sets out a methodology which is designed to inform and help those readers seeking to analyse and interpret director behaviour in such circumstances.
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