Commercial Contracts & Restructuring
The agreements a business runs on, and changing them when the business changes.
At Matt and Zen we draft and review the contracts a business trades on, and we advise on restructuring when the shape of the business needs to change.
Most commercial disputes begin in a document somebody signed without reading closely. The cheapest point to deal with a clause is before it binds you.
We act for businesses supplying and buying, and for companies reorganising a group or responding to pressure on cash.
Scope
We can assist with the following, and more.
Everyday agreements
- Terms of trade
- Supply and distribution agreements
- Services and consultancy agreements
- Confidentiality and non-disclosure agreements
Reviewing and negotiating
- Reviewing contracts before you sign them
- Negotiating terms, and advising on what is worth contesting
- Variations, renewals and extensions
- Termination rights, and what triggers them
Restructuring
- Share restructures and reorganisations
- Amalgamations
- Moving assets between companies in a group
- Solvency questions attached to a restructure
When things are tight
- Reviewing obligations and the options available
- Negotiating with counterparties
- Working alongside your accountant or insolvency practitioner
Restructuring
Restructuring is a solvency question before it is a structure question.
Moving assets, paying out a shareholder or reorganising a group all turn on whether the company can meet its debts as they fall due.
Directors carry duties here, and those duties do not pause because a restructure is in progress.
We work the position through with you, and with your accountant, before anything moves.
Questions
Frequently asked questions.
Can you review a contract that someone else drafted?
Yes. That is most of this work. We tell you what it actually commits you to, and what we would change before you sign.
What are terms of trade, and do we need them?
The standard terms you supply on. They decide payment, risk, and what happens when a customer does not pay. If you sell on credit, yes.
We are a small business. Is a written agreement worth the cost?
Usually. The cost of the agreement is known in advance. The cost of not having one is not.
What is the difference between a variation and a new agreement?
A variation changes terms inside the agreement you have. A new agreement replaces it. Which one you have affects what survives, so it is worth being deliberate.
Do you act in disputes?
We advise on obligations and options, and on resolving a matter without going to court where that is possible. See Public Law & Mediation.
When should we talk about restructuring?
Earlier than most people do. The options narrow as solvency tightens, and some of them close entirely.