Stressed Assets Restructuring and Turnaround Excellence

with Andrew McRobert, Veena Sivaramakrishnan and Ambarish

July 30-31, 2019 | Hotel Four Seasons, Mumbai

Overview

A hands-on 2-day workshop on recognizing emerging problem transactions and implementing a process for effectively managing and maximizing recoveries, with reference to the Insolvency & Bankruptcy Code

Benefits of Attending

Why You Should Attend?

  • Be able to implement the necessary monitoring processes to enable early identification of possible default
  • Know how to take control of identified problem loans & equities before or after default
  • Have the understanding to devise the appropriate blend of strategies for each non-performing loan

Who Should Attend?

  • Head of restructuring, recovery and stressed loans
  • Head of special asset/ workout groups
  • Legal counsel specializing in insolvency, restructurings and/or distressed debt
  • Investors in distressed debt and NPLs (e.g. hedge funds, private equity funds, etc)

Agenda

Session 1: Understanding why companies fail – if the cause(s) can’t be identified, the solution cannot be identified either
Session 2: The new Bankruptcy & Insolvency Code / IBC judgements under Section 29A
  • Basic principles of the new Code
  • How does it change things for Indian bankers?
  • How does it change things for corporate and commercial borrowers in India?
  • How does it change things for guarantors, sponsors, directors and other exposed parties in India?
Session 3: Warning signals of potential failure:
  • Financial signals
  • Non-financial signals 
Session 4: Identifying the appropriate strategy
  • Due diligence, investigating accountants’ reports, expert advice, etc
  • Legal briefing on the impact of the new Code on determining and implementing the alternative strategies  Presented by lawyers
  • Issues arising from the globalized financial market, the global financial crisis, the spread of derivative products
  • Meaningful dialogue with stakeholders:
    - Other lenders & different levels of priority
    - Actual & contingent creditors
    - Minority shareholders, the controlling family & others
    - Government agencies
    - Franchisees & others
  • Environmental risk
Session 5: How a bank should handle problem loans
  • Reliable, accurate, meaningful & relevant forecasts
  • Selecting the appropriate strategy
  • Dealing with the borrower’s immediate needs
  • Implementing a bank-relevant reporting system within the borrower
  • Establishing & maintaining approvals within the bank
  • Shadow directorships
  • Lender liability
Session 1: Restructuring
  • Identifying the sustainable business
  • Devising the appropriate structure through understanding the respective strengths & weaknesses of the various parties
  • Contributions towards the restructuring
  • Dealing with non-core businesses
  • Dealing with non-core assets
  • Dealing with intangible & incomplete assets
Session 2: Case Studies on IBC process and mechanism
  • Litigation
  • Aggressive collection
  • Arbitration
  • Mediation
  • Review of director conduct & preferential payments
  • Does the new Code facilitate alternative approaches, and how does it impact on timing?
Session 3: Alternative approaches when negotiations fail
  • Litigation
  • Aggressive collection
  • Arbitration
  • Mediation
  • Review of director conduct & preferential payments
  • Does the new Code facilitate alternative approaches, and how does it impact on timing?

Faculty

Andrew McRobert

Commercial Banker, and a leading expert on International restructuring, and cross-border insolvency situations

Andrew McRobert is a commercial banker specializing in restructuring, insolvency and with nearly 32 years’ experience in credit, portfolio risk management, lending, and problem loans management. He has worked with some of the world's leading financial institutions including: Asian Development Bank (ADB), International Finance Corporation (IFC), Citicorp, Jakarta Initiative Task Force (JITF), African Development Bank, Development Bank of South Africa (DBSA), Price Waterhouse Coopers (PWC), and Coopers & Lybrand.

Andrew is a qualified Chartered Accountant, a Senior Fellow of the Financial Services Institute of Australasia, and a Graduate Member of the Australian Institute of Company Directors. He has a demonstrable track record of identifying and implementing restructuring & recovery strategies for complex non-performing investments and loans all across Australasia, Asia and Africa; and is also experienced in conducting due diligence assignments, high-level problem resolution negotiations and team building in credit and portfolio risk management.

He is an engaging speaker and presenter and has developed and led very highly rated programs; consulted with clients across Asia Pacific, Africa, & Middle East including Malaysia, Indonesia, Singapore, Sri Lanka, India, Pakistan, Bangladesh, Philippines, Thailand, Australia, South Africa, Ghana, Kenya, Ethiopia, Zambia, Uganda, Tanzania, Oman. UAE, & Saudi Arabia.

He has co-authored three acclaimed texts "Corporate Collapse” (published by McGraw-Hill), “Financial Literacy for Lawyers, Investors and Lenders” (published by Thomson Reuters) and “Financial literacy - Lessons from Centro” (published by Thomson Reuters).

Veena Sivaramakrishnan

Partner, Shardul Amarchand Managaldas

Ms. Veena Sivaramakrishnan is a key Partner in the Firm's Banking and Finance and Insolvency and Bankruptcy Practice with over 14 years of experience. She has significant experience in Banking and Finance, Financial Services Regulatory, Derivatives, Insolvency, Bankruptcy and Restructuring. She has been consistently recognised by prestigious Indian and international publications (including Chambers and Partner and Asia Law Profiles) individually and within her areas of practice.

Prior to working at Shardul Amarchand Mangaldas & Co., Veena has worked at Juris Corp for over a decadeacross varied areas of practice impacting banks and financial institutions and at ICICI Bank mainly for its offshore operations. While at ICICI, she was also based in Canada and worked with Davis Polk and Wardwell in New York on secondment primarily to set up the New York branch of ICICI. Across the years, she has been advising banks and financial institutions in their financing strategy to Indian clients and on host of issues they encounter while operating in India and / or dealing with Indian entities and their subsidiaries / offshore operations. She has evaluated complex structures with interplay of multiple jurisdictions and legal systems while advising clients on financing structures, restructuring and enforcement.

Ambarish

Partner, Shardul Amarchand Mangaldas

Ambarish is a Partner at Shardul Amarchand Mangaldas & Co. His practice focuses on mergers and acquisitions, specifically, an acquisition through a resolution plan under the Insolvency and Bankruptcy Code, 2016 (IBC).

Ambarish has been involved with IBC from its inception. He has represented resolution applicants in some of the early and highly contested cases of corporate insolvency. Ambarish has also been actively involved on the policy related to IBC, and has assisted in the work of the Insolvency Law Committee, constituted by the Ministry of Corporate Affairs.

REGISTRATION DETAILS


  • *Offered Price +18% GST

    Standard Fee

  • INR 40,000

*Only one offer will be valid at a time. For any query, please reach us at training@vccircle.com, +91-9560888566 / +91-120-4171111

Cancellation Policy:

Refund and Substitution Policy (Differ from one programme to other, please read carefully): No refunds will be granted for cancellations made within 15 days of the workshop. Those delegates, who have confirmed and do not attend, are liable to pay the full course fee and no refunds will be granted. Cancellation fee of 50% will be applicable 30 days prior to the workshop. Cancellation fee of 25% will be applicable up to 45 days prior to the workshop. Company reserves the right to amend content, expert, policy, venue & date(s) of the workshop. Participants will be refunded the registration fee in full in case the workshop gets cancelled. In case of refunds or cancellation mentioned above - the inward and outward Forex transaction cost (s) and currency fluctuation differential will be charged while accounting for the refund. Company assumes no liability for any costs including transportation, hotel reservations or any other costs incurred by participants in the event of cancellation.

Substitution Policy:

Substitutions within a company are permitted through the workshop/training date, request must be by email to training@vccircle.com