Judicial reorganization offers companies in payment difficulties a chance to protect themselves temporarily against their creditors.
To do so, they must submit a reorganisation plan to the Court of Commerce.
As soon as the court approves the judicial reorganisation, the creditors of the company in difficulties can no longer distrain its assets.
So this often presents creditors with a fait accompli.
Most companies seeking protection from their creditors end up becoming insolvent or being liquidated, though.(*)
Request
Reorganization | Numbers | Insolvency or liquidation |
|---|
| 2019 | 581 | 66% |
| 2020 | 478 | 60% |
| 2021 | 407 | 54% |
| 2022 | 465 | 55% |
| 2023 | 598 | 32% |
statistics as at 7 may 2024
(*) Source: Companyweb: results based on our own study into causes of bankruptcies.
If the equity drops below 50% of the capital, this is due to the losses carried forward.
It is a serious signal.
Almost half of bankrupt businesses report this negative signal.
(*)
In the previous legislation (before 01/05/2019), this would engage the alarm bell procedure.
As of this observation, the general assembly had to be convened to deliberate on the dissolution of the company or decide in taking on other measures.
When the net assets would fall below 25% of the capital, any interested party may request the dissolution of the company before the court.
(*) Source: Companyweb: results based on our own study into causes of bankruptcies.
One quarter of those which fail have a general indebtedness > 100% (*)
A general indebtedness of < 50% is absolutely healthy.
General indebtedness = debt/total assets
This shows what percentage of a company's total funds is being provided by third party funds, or debt.
Being > 100% indebted means a company's equity assets are negative, due to carrying over major losses:
so its liabilities exceed 100% of its total assets.
Such a situation is unsustainable in the long term (cf.
alarm bell procedure).
= A very bad sign!
Businesses do benefit from having a certain level of debt, however, as interest on debt capital is tax-deductible, for example.
Deducting notional interest also plays a major role in choosing between debt and equity in Belgium.
(*) Source: Companyweb: results based on our own study into causes of bankruptcies.
Negative returns for two years is a major heads-up to the Court of Commercial Enquiry at the Court of Commerce.
An established business which loses money year in, year out has no future anyway.
New businesses may often show a negative return (high startup costs, low sales at first, ...) but things should clearly be getting better after two years.
Profitability and liquidity together give a good idea of how a company is faring.
| Liquidity | Profitability |
|---|
| + | - |
| + | Healthy | Chronically sick |
| - | Temporarily sick | Dying |
(**)
(**) Source: Handbook "Financial analysis process" by Hubert Ooghe and Charles Van Wymeersch (Intersentia)
A business is liquid if it can meet its short-term payment obligations; if not, it is illiquid.
A liquidity of > 1 is considered very good
(= in theory, this business can pay its short-term liabilities if it realises its current assets).
The way this ratio has changed in recent years is highly significant.
If liquidity falls steadily, this means things are getting increasingly worse, and will end up being unsustainable.
How liquid and profitable a business is gives a good idea of how well it is doing.
| Liquidity | Profitability |
|---|
| + | - |
| + | Healthy | Chronically sick |
| - | Temporarily sick | Dying |
(**)
(**) Source: Handbook "Financial analysis process" by Hubert Ooghe and Charles Van Wymeersch (Intersentia)
