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A Deed of Company Arrangement is a legally binding agreement between a struggling company and its creditors in Ireland, offering a path to avoid liquidation. It typically emerges during examinership - Ireland's corporate rescue process - when a company needs breathing space to restructure its debts and operations.

Under Irish company law, this deed outlines how the business will pay creditors, maintain operations, and return to financial health. It can include measures like partial debt write-offs, extended payment terms, or business restructuring. Once approved by the High Court and creditors, it becomes enforceable and helps preserve jobs while giving the company a fresh start.

Consider a Deed of Company Arrangement when your Irish company faces serious financial difficulties but remains viable with the right restructuring. This solution works best when you need to negotiate with multiple creditors while keeping your business running, especially if you're entering examinership and want to avoid liquidation.

Timing is crucial - start exploring this option as soon as you spot signs of financial distress. Companies that use these deeds early often preserve more jobs and maintain better relationships with suppliers. The deed becomes particularly valuable when you have a clear plan to return to profitability but need formal protection and creditor support to implement it.

• Standard Restructuring Deed: Focuses on debt repayment schedules and operational changes while keeping the core business intact
• Asset Sale Arrangement: Includes provisions for selling specific company assets to satisfy creditor claims
• Phased Payment Deed: Structures debt repayments in stages, often with different terms for secured and unsecured creditors
• Business Continuation Deed: Emphasizes maintaining key contracts and employment while restructuring operations
• Hybrid Arrangement: Combines multiple approaches, allowing for both asset sales and continued trading with modified terms

• Company Directors: Initiate and negotiate the Deed of Company Arrangement, remaining responsible for implementing its terms and maintaining business operations
• Examiner: Appointed by the High Court to oversee the process, draft the deed, and ensure fairness to all parties
• Creditors: Vote on the arrangement and become bound by its terms once approved, often accepting modified payment terms
• Corporate Lawyers: Advise on legal implications and draft the deed's specific terms
• Employees: Become affected parties under the arrangement, with their employment terms potentially modified

• Financial Assessment: Compile detailed company accounts, cash flow projections, and a list of all creditors with amounts owed
• Business Viability: Prepare a clear plan showing how the company will return to profitability
• Creditor Details: Gather full contact information and claim details for all creditors, both secured and unsecured
• Asset Inventory: Create a comprehensive list of company assets with current market valuations
• Proposal Terms: Draft specific repayment terms and restructuring measures for creditor consideration
• Documentation: Our platform helps generate a legally compliant deed that includes all required elements under Irish law

• Party Details: Full legal names and addresses of the company, examiner, and all participating creditors
• Financial Terms: Detailed repayment schedules, amounts, and any debt write-downs or modifications
• Implementation Timeline: Clear dates for each stage of the arrangement's execution
• Creditor Categories: Specific treatment of different creditor classes (secured, preferential, unsecured)
• Operating Conditions: Terms for continued trading and business restructuring measures
• Termination Clauses: Circumstances that could end or modify the arrangement
• Legal Framework: References to relevant sections of Irish Companies Act and court approval requirements

A Deed of Company Arrangement differs significantly from an Intercompany Agreement, though both deal with corporate relationships. While a Deed of Company Arrangement manages financial distress and creditor relationships during examinership, an Intercompany Agreement governs ongoing business relationships between related companies during normal operations.

• Purpose: Deed of Company Arrangement focuses on debt restructuring and business rescue, while Intercompany Agreements handle routine transactions and service provisions
• Parties Involved: A DOCA involves creditors, examiners, and the distressed company; Intercompany Agreements operate between affiliated companies
• Legal Effect: DOCAs require court approval and bind all creditors; Intercompany Agreements are private contracts needing only company approvals
• Duration: DOCAs typically last until restructuring completes; Intercompany Agreements often continue indefinitely