Holder decision-making

How to recognise a credible counterparty

Criteria for assessing a counterparty offering a distressed bond solution: transparency, identification, contract terms and how it handles promises.

A holder under pressure is exposed to offers of varying quality. The criteria below help identify a serious counterparty regardless of how good an offer sounds.

Transparent identification

A clearly stated legal entity, company number, registered office and the person acting — all verifiable in public registers.

An evasive answer to 'who exactly am I dealing with' is itself an answer.

A documents-first process

A serious counterparty asks for documentation first and discusses terms afterwards. The reverse order is a warning sign.

It should also explain clearly what it does with the claim afterwards.

Written form and time to think

Practical signs of fair dealing.

  • the offer and contract provided in writing in advance
  • no pressure to sign immediately
  • openness to legal review of the text
  • a clear explanation of costs and fees

Realism instead of promises

A partner who names the risks and limits is usually more credible than one promising full recovery.

Check also that the counterparty clearly distinguishes its services from legal advice.

Practical next step

Whoever you choose, insist on written documentation and on the option of an independent review.

Related topics

This text is general information for bondholders. It is not legal advice and not an investment recommendation. Capital Investing Ventures a.s. is not a law firm. Any individual assessment depends on the specific documentation and circumstances of the case.