22.3.2021

COVID Cash Crisis: What to Keep Your Eye On

The COVID-19 pandemic continues to drag on. Finland is currently in a three-week lockdown, and experts predict that we will have to adopt even more stringent measures before enough of the population has been vaccinated.

At the same time, companies that have been struggling with the pandemic for over a year already have to keep looking for ways to improve their liquidity. There is still no certainty over when we will be able to return to normal.

Temporary Respite for Payment Still in Force

The temporary amendment to the Bankruptcy Act removing creditors’ ability to petition for debtors to be declared bankrupt expired in January. The amendment concerned situations in which a debtor had not paid a creditor’s clear and due receivable within a week of receiving the creditor’s claim for payment under threat of bankruptcy proceedings.

However, a second amendment was made to the Bankruptcy Act, which provides the debtor 30 days to pay the creditor’s clear and due receivable after receiving a claim for payment under threat of bankruptcy. This respite is valid until the end of September 2021.

Number of Bankruptcies Likely to Rise

According to Statistics Finland, 60.5% fewer bankruptcies were initiated this January than at the same time last year, and according to the latest statistics, 28.4% fewer bankruptcies were initiated in January–February than at the same time last year.

It may be that companies have accumulated cash buffers that have helped them weather the pandemic, and that the predicted tsunami of bankruptcies will end up being little more than a ripple. However, it remains likely that the number of bankruptcies will increase sharply.

Despite fears of an impending wave of bankruptcies, public-sector creditors, such as the Tax Authority and employment pension insurance companies, are saying that they do not have significantly more outstanding payments from their customers than last year. On the other hand, the travel, event and restaurant sectors have been in crisis for an entire year, while the difficulties faced by industrial subcontractors and construction business are probably just starting.

It is clear that switching in and out of lockdowns depending on the status of the pandemic has already had, and will continue to have, a negative impact on the finances and cash reserves of many companies. Mitigating these impacts by deferring payments—be they taxes, public-sector payments or rents—will probably not solve the problems many companies are facing due to the pandemic.

Moreover, few company owners are likely to be eager to earmark profits from years to come to pay off the costs of the pandemic, particularly if their company has limited or non-existent opportunities to minimise the pandemic’s impacts.

Governments Must Take Action

There is no sense in waiting for a wave of bankruptcies to hit. Governments should and must be proactive in avoiding a cash crisis. Companies should particularly make sure to register lost capital with the Trade Register and make sure that they are not directing payments only to individual creditors but are treating all their creditors equally. Even in a crisis, payments should not be channelled to just the loudest creditors.

Companies facing a cash crisis also need to monitor their liquidity more regularly than normal. Our colleague Tero Tuomisto offered some good advice in a previous blog post.

It is also important to prepare for various insolvency situations of contracting parties in advance, for example, through contractual arrangements or commercial means. Particularly in extensive subcontracting chains, the bankruptcy of one company will unavoidably cause problems for the other companies in the chain. It is better to be ready for disruptions of suppliers’ and customers’ performances in advance than to be caught off guard.

Latest references

Our partner Pauliina Tenhunen acts as the administrator of the bankruptcy estate of European Battery Technologies Oy. The bankruptcy estate sold all assets of the bankrupt company, including its battery factory equipment and IP rights related to the operations. The equipment sold was the first of its kind in the 2010s and the factory was the first in Europe to produce LFP batteries. The buyer is Estonia and Germany-based Skeleton Technologies, a global developer and manufacturer of energy storage solutions. The buyer will continue operations in the premises rented by the bankrupt company in Varkaus, Finland. The owner of the premises is Keski-Savon Teollisuuskylä Oy, a company owned by the city of Varkaus. The bankruptcy administration is very pleased with this outcome as the continued operation of the battery factory was a priority also for the bankruptcy estate.
Case published 26.5.2023
We advised Litorina Capital, a Swedish private equity house, in the merger of two leading indoor playground chains in the Nordics, Leo’s Lekland and HopLop. Litorina IV fund, the main owner of Leo’s Lekland, and CapMan Special Situations I, the main owner of HopLop, agreed on an ownership arrangement that will unite Leo’s Lekland and HopLop into Europe’s leading indoor playground group. Both parties will continue their ownership in the new combined group. The HopLop chain continues to operate in Finland under the HopLop brand. The new group will be Europe’s largest family focused activity and exercise company. It has a total of 68 parks in Finland, Sweden, Norway, Denmark and Germany. Leo’s Lekland is the largest indoor playground chain in the Nordic countries, with a total of 50 parks in Sweden, Norway, Denmark, Finland and Germany. There are 7 parks in Finland. HopLop is the largest children’s adventure and indoor playground chain and the most significant family focused activity and exercise company in Finland. There are 17 HopLop parks in Finland and 1 in Germany. Litorina is a private equity investment firm based in Stockholm, Sweden. It was founded in 1998. It invests in niche market leading companies with headquarters in the Nordics. Currently it has 13 portfolio companies.
Case published 2.2.2023
Relacom Finland Oy was declared bankrupt in 2019 upon the company’s own application. Relacom Finland Oy was one of the leading telecommunication services companies in Finland, and it had activities across Finland. The company offered, for example, installation and maintenance of telecommunication networks and power grids. When bankruptcy was declared, the company had around 400 employees. The bankruptcy proceedings were concluded in approximately three years, and the creditors approved the final settlement of accounts in December 2022. Attorney Pekka Jaatinen served as the administrator of the bankruptcy estate. After the beginning of the bankruptcy, the bankruptcy estate examined the company’s unfinished projects and finished them to the extent that was profitable. The rest of the projects were shut down in a controlled manner and handed over to the customer. Some of the projects were also socially important. The bankruptcy estate hired 112 of the company’s employees for fixed-term employment to finish projects and to ensure that the shutdown was carried out in a controlled manner. However, the bankruptcy administration did not continue the company’s business. The company’s fixed assets and inventories consisted of, among other things, various tools, equipment and several vehicles. The bankruptcy estate identified different options for efficient ways to liquidate assets, and selling was carried out in cooperation with an external liquidator. The liquidation result from finishing projects and selling the company’s movable property was significant and higher than the book value. Unsecured creditors accrued approximately 41% disbursements in the bankruptcy.
Case published 11.1.2023
Otso Gold Oy, an ore exploration and mining company, filed an application for initiating restructuring proceedings to the Oulu District Court on 3 December 2021. At that time, the company owned the Laivakangas gold mine, which is located in Raahe, Finland, on one of the biggest gold deposits in the Nordic countries. The company’s restructuring proceedings commenced on 17 February 2022, and the District Court ordered Attorney Pekka Jaatinen to serve as the administrator. At the time of commencement of the proceedings, the company was part of the Otso Gold group, whose Canadian parent company Otso Gold Corp is listed on the Toronto stock exchange. Due to the cross-border nature of the group, simultaneous restructuring applications were filed in Finland, Sweden and Canada. Otso Gold needed to carry out a financing and ownership arrangement in order to safeguard the continuation of its business and the fulfilment of its restructuring programme. Through the restructuring proceedings, Otso Gold was able to carry out a corporate transaction whereby the restructuring and the related proceedings were based on the sale of the company’s entire share capital to Pilar Gold Inc., a Canadian gold mining company. Simultaneously, Otso Gold was provided with financing for the implementation of the restructuring programme. Creditors representing over 93% of all debts of Otso Gold supported the restructuring programme based on the transaction concerning the entire company. The District Court of Oulu affirmed the one-day restructuring programme in October 2022 and appointed Attorney Pekka Jaatinen as supervisor of the programme.  The restructuring programme and its payment programme were carried out in their entirety approximately one week later, and the restructuring programme ended successfully on 17 November 2022.
Case published 29.12.2022