We can help you navigate financial challenges with SCARP

If your Company or client is at risk of Insolvency, but wants to continue trading, then the Small Company Administrative Rescue Process (SCARP) could be the right solution. Contact us for a free consultation.

Small Companies Administrative Rescue Process (SCARP)

Small Companies Administrative Rescue Process (SCARP) is a formal Insolvency process designed to help small and micro businesses who want to continue trading during times of financial difficulty.

Lower costs & quicker process compared to examinership
Keeps control with directors during the restructure
Offers legal protection from creditors
Can rescue a viable business that just needs some help

What is SCARP and how does it work?

SCARP is a streamlined insolvency process introduced in Ireland by the Companies Act 2021. It helps viable small and micro companies restructure their debts and avoid liquidation.

Overview of Scarp

  • Purpose:
    Restructure debts with creditor agreement, offering a lifeline to viable companies facing financial challenges.
  • Process:
    Initiated by directors with limited court oversight, making it quicker and more cost-effective than traditional examinership.
  • Outcome:
    Ensures creditors receive a better outcome than liquidation, while preserving jobs and maintaining operations.

Eligibility Criteria

  • Financial Status:
    Unable or likely to be unable to pay debts.
  • Operational Status:
    Not in liquidation and no examiner or process adviser appointed in the last five years.
  • Receiver Appointment:
    If appointed, must be for less than three working days.
  • Viability:
    Must be fundamentally viable and capable of overcoming current difficulties.
  • Company Size:
    Classified as small or micro, meeting two of the following:
    • No more than 50 employees  
    • Turnover ≤ €15 million
    • Balance sheet total ≤ €7.5 million

SCARP offers a valuable option for companies in Ireland to manage financial distress while maintaining operations and protecting jobs.

Process of SCARP

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Step 1 - Initial Consultation

The process begins with an initial consultation where the insolvency practitioner assesses the company’s financial situation.

Step 2 - Appointment of Process Advisor

If the company is eligible, the insolvency practitioner is formally appointed as the Process Advisor. They will file necessary documentation and discuss the SCARP process and plan with directors, then file resolution with the court.

Step 3 - Final Assessment & planning

The Process Advisor conducts a thorough financial assessment, which includes detailed analysis of company assets, liabilities, income, expenses and identify key financial areas where cost savings can be made.

Step 4 - Proposal to Creditors

The rescue plan and proposal is prepared  and sent to creditors for review. Creditors meetings take place and negotiation happens in the hope of gaining creditor approval.

Step 5 - Creditor approval

For the rescue plan to be implemented, it must be approved by the creditors. This involves facilitating a formal vote among creditors to approve the plan before day 49. At least 60% of creditors (in value, by majority number)  must vote in favour for the plan to be accepted.

Step 6 - Implementation of Rescue Plan

If approved, the Process Advisor oversees the implementation of the rescue plan, including managing payments, monitoring the company's financial performance and providing support and guidance.

Step 7 - Cooling off Period

There is a 21 day cooling off period where creditors can file an objection to the rescue plan. If there are no objections, the plan becomes legally binding. If there are objections, it will be reviewed by the court for review.

Step 8 - Ongoing support & monitoring

Throughout the implementation phase, the Process Advisor provides ongoing support to the company.

Step 9 - Completion of SCARP

On successful completion of the rescue plan, the company exits the SCARP process. This involves preparing a final report and officially notifying all authorities and creditors that SCARP has been completed.

Pros and cons of SCARP

Pros

The company can continue trading under the control of its directors.
Debts can be restructured, improving cash flow.
Lower costs compared to other insolvency procedures, such as examinership.
Potential to repudiate onerous contracts, including leases.
Better returns for creditors compared to liquidation.

Cons

If the process is unsuccessful, liquidation will follow.
Creditor reaction may lead to court applications, increasing costs and uncertainty.

SCARP FAQs

What is SCARP?

SCARP stands for Small Companies Administrative Rescue Process. It is a dedicated rescue process designed for small and micro companies facing financial difficulties. The process aims to help these companies restructure their debts and continue trading.

Who is eligible for SCARP?

To be eligible for SCARP, a company must:

  • Be classified as a small or micro company.
  • Not have used the SCARP process in the previous five years.
  • Not be in liquidation or have an order for winding up.
  • Have a reasonable prospect of survival with the assistance of a Process Advisor.

How does SCARP work?

The SCARP process involves the appointment of a Process Advisor who works with the company’s directors to develop a rescue plan. This plan is then presented to the creditors for approval. If approved, the company can restructure its debts and continue trading.

How long does the SCARP process take?

The SCARP process is designed to be swift, typically taking around 70 days from start to finish, depending on the complexity of the case and the cooperation of all parties involved.

How can i get started with SCARP?

McCambridge Duffy, as experienced Insolvency Practitioners, will act as the Process Advisor, guiding you through each step of the SCARP process. We will work closely with you to develop a viable rescue plan and liaise with your creditors to seek their approval.

If you believe SCARP might be a solution for your company, contact us for a free consultation. Our team will assess your situation and advise you on the best course of action.

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Work with McCambridge Duffy to Support your Business or your client with SCARP

By working with McCambridge-Duffy, you are ensuring your business receives practical and efficient solutions to their financial challenges. Our expertise in SCARP not only helps businesses avoid liquidation but also sets them on a path to recovery. You will appreciate taking an early, proactive approach in guiding the business towards a brighter financial future rather than allowing your business to face liquidation down the line.

How McCambridge Duffy utilises SCARP

If your company or your client may need a CVL, our experienced team is here to help. Contact us for a confidential consultation.

  • Initial Assessment:
    We assist directors in preparing a statement of affairs and consult with a Process Advisor.
  • Appointment of Process Advisor:
    Our team oversees the appointment of a Process Advisor to manage the restructuring and communicate with creditors.
  • Formulating the Rescue Plan:
    Within 42 days, we help develop a tailored rescue plan for the company.
  • Creditor Approval:
    The rescue plan is presented to creditors and requires the support of 60% in number and a majority in value of at least one class of impaired creditors.
  • Implementation:
    Once approved, we implement the rescue plan, allowing the company to restructure its debts and continue trading.

SCARP can be a fast paced process. Prepare before speaking with us

Take the next step

Empower your business with the tools it needs to overcome financial difficulties. Contact McCambridge-Duffy today and help your business unlock the potential for a stable and prosperous future.

Call 01 539 57 90 for a free consultation

Other Corporate Insolvency Solutions

We specialise in Corporate Insolvency Solutions and thrive on navigating those complex financial situations that can arise for any business. We work with you and your clients to ensure that the best outcomes are delivered for everyone. Browse the solutions below or contact us for a free consultation.

Court liquidation

Court liquidation is a formal Insolvency process to close down an insolvent company through a court order.

This type of liquidation is typically initiated by a creditor who petitions the court, showing that the company cannot pay its debts. The goal is to sell off the company’s assets to repay creditors as much as possible, after which the company ceases to exist.

Click the button to read more about Court Liquidation, or contact us for a free and confidential consultation and find out your options today.

MVL

A Members Voluntary Liquidation (MVL) is a formal procedure available to a company that is solvent, but wants to voluntarily close down.

This process is typically chosen when a company has reached the end of its life, such as when the directors or shareholders decide to retire, restructure, or distribute assets in a tax-efficient way.

Click the button to read more about the MVL process, or contact us for a free and confidential consultation and we will advise on your options.

CVL

A Creditors Voluntary Liquidation (CVL) is a formal procedure available to a company that is unable to fulfill their debts and is therefore deemed insolvent.

If there are no prospects for restructuring or coming to an arrangement with creditors, the company usually needs to cease trading. Directors call a meeting with shareholders to discuss winding up the company. A  liquidator is then appointed to start the liquidation process.

Click the button to find out more about the CVL process, or contact us for a free and confidential consultation.

Professional advisory services

In today’s complex financial landscape, professionals such as accountants and solicitors often have clients that are facing financial distress. Our advisory service is dedicated to collaborating with you and your clients to identify effective solutions that will help address their unique challenges.

Our experienced team works closely with you and your client to develop tailored strategies that focus on resolution and recovery.

Click the button to read more about our professional advisory services, or contact us for a free and confidential consultation and find out your options today.

Forensic accounting

The growing complexities of the modern business environment have led to an increase in business-related investigations and legal proceedings.

At McCambridge Duffy, we believe that providing objective advice and a clear approach to complex accountancy issues is essential for achieving favourable outcomes for our clients while maintaining cost-effectiveness.

Our team of forensic accountants bring a wealth of commercial and financial experience to every case. Whether you require investigative accounting services or litigation support, our team has the expertise and skills necessary to meet your needs.

Examinership

Examinership is a formal legal process that is designed to help companies who are in financial difficulty. Examinership affords a company time to restructure with a view to potentially avoiding liquidation. It provides a court-supervised "breathing space" during which the company is protected from creditors, enabling it to find a way to return to profitability.

Click the button to read more about Examinership, or contact us for a free and confidential consultation and find out your options today.

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