Schemes of Arrangement Theory, Structure and Operation

Schemes of arrangement are an important and flexible mechanism, which can be used to reorganise a company's capital. They have undergone something of a renaissance since the global financial crisis, particularly as a debt restructuring device, since effective tools were needed to deal with financial distress. Schemes have also become the mechanism of choice for recommended takeovers. In order to understand their current popularity, this book examines the use of both member and creditor schemes, and compares their advantages and disadvantages to the alternatives that are available. It performs a critical, contextual and comparative analysis of schemes and their uses, and puts forward reform proposals that are designed to ensure that schemes continue to develop as an indispensable tool for companies for the future.

1. Schemes of arrangement – an introduction; 2. The mechanics of a scheme of arrangement; 3. Member schemes of arrangement: takeover schemes; 4. Member schemes of arrangement: other examples; 5. Creditor schemes of arrangement: debt restructuring; 6. Creditor schemes of arrangement: other examples; 7. Cross-border issues; 8. The geographical expansion of schemes of arrangement; 9. Conclusion.

Jennifer Payne is Professor of Corporate Finance Law at the University of Oxford.