BDO Saudi Arabia helps businesses, shareholders and creditors understand and navigate bankruptcy procedures under the Saudi Bankruptcy Law, from protective settlement and financial restructuring to liquidation and administrative liquidation.
Formal bankruptcy procedures may become necessary where a consensual restructuring cannot be achieved, where statutory protection is required to create time for a restructuring or where an orderly process is needed to preserve or realise value.
Where a consensual solution remains achievable, it may offer a faster and less disruptive route. Where it does not, understanding the available statutory procedures, their implications and the requirements for commencement becomes critical.
The Saudi Bankruptcy Law and its implementing framework provide different procedures depending on the debtor's financial position and circumstances. The appropriate route affects how the business is managed, the role of creditors and the court, the protection available during the process and how value may ultimately be preserved or realised.
Protective settlement
Restructure obligations with creditors while management remains in control of the business.
Protective settlement is designed to help a debtor experiencing, or expecting to experience, financial difficulty reach an agreement with creditors while continuing to manage its business.
It may be appropriate where the underlying business remains viable and financial pressure can potentially be addressed through an agreed compromise with creditors.
Compared with financial restructuring, the debtor retains a greater role in managing the procedure. The process therefore requires careful preparation of the settlement proposal, financial forecasts and supporting information provided to creditors.
Financial restructuring
Use a structured, court-supervised process where a more comprehensive restructuring of the business and its obligations is required.
Financial restructuring is intended to help a financially distressed or bankrupt debtor restructure its business where there remains a realistic opportunity for the activity to continue.
The procedure gives a greater role to creditors and the court than protective settlement. An appointed officeholder supervises the debtor during the process and assists with preparation of the restructuring proposal.
Claims against the debtor are suspended upon commencement of the procedure or registration of the commencement request, subject to the applicable requirements. This can create the framework needed to negotiate and implement a more comprehensive restructuring.
Liquidation
Manage the orderly realisation of assets where continuation of the business is no longer viable.
Liquidation may be appropriate where the debtor's activity cannot realistically continue and the focus moves from restructuring the business to maximising the value realised from its assets and distributing proceeds to creditors in accordance with the applicable legal framework.
The procedure is administered by an appointed officeholder who manages the liquidation process, including the treatment of creditor claims, asset realisation and distribution of proceeds.
Administrative liquidation
A statutory route where available assets are not expected to cover the costs of a standard liquidation procedure.
Administrative liquidation applies where the debtor's activity cannot continue and the available bankruptcy assets are not expected to be sufficient to meet the expenses of liquidation or the small debtors' liquidation procedure.
Unlike an ordinary liquidation, the administrative liquidation procedure is administered by the Saudi Bankruptcy Commission following commencement by the court.

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