Rescuing your company from problematic debts and disgruntled creditors can be a stressful challenge, especially when you're not the least bit familiar with UK insolvency law or the rescue procedures available to you. Likewise, even the task of closing down your company voluntarily can present unexpected hurdles and risks without the proper preparation.
Here at Real Business Rescue we not only provide comprehensive advice and support on all matters related to business restructuring and dissolution, we also offer several services designed to assist UK limited companies.
Below is a basic overview of our services and what you need to know to go from nursing a struggling business to running a successful company:
First and foremost, you may wondering what insolvency is and how to tell if your business is already insolvent. A company is considered legally insolvent when it is dealing with one or more of the following issues:
No-one ever started a business thinking anything less than being a success, but sometimes situations happen that affect a company’s success. It’s completely normal and happens to the best of us. Keith.Tully Partner
As soon as you realise your company is operating insolvent you're supposed to cease trading and notify HMRC and all of your creditors that you intend to cease trading. Do not take out any new loans or credits, and do not accept any new contracts or jobs from clients. Become familiar with your company director duties and responsibilities while insolvent and keep a thorough account of everything the business does. Now, this does not mean that you have to immediately end your business, as there are some solutions and procedures that can return your company to a state of solvency, including but not limited to the following:
A CVA is an agreement that, if approved by the majority of your creditors, will give your company much-needed beathing space. A CVA is the formal alternative to negotiating with creditors over the phone or via email. It carries the advantages of being proposed by a licensed insolvency practitioner (thereby offering a high approval rate) and it is a legally binding contract that protects you from legal actions taken by all of the involved creditors.
We recommend company administration when a business has significant creditors. In an administration you would appoint an insolvency practitioner to apply to the Court for an administration order on your behalf. If the order is granted no creditors would be able to take legal actions against your company and the insolvency practitioner would be able to begin acting as the administrator (interim chief executive officer) of your company with the goal of negotiating with creditors, raising as much funds as possible to contribute towards reducing the overall company debt, and ultimately facilitating a full recovery so that the company can continue operating as a going concern.
If it seems as though the business is not going to be able to recover but you would like to keep some of the company's assets and prevent them from being sold off during the liquidation sale then you could consider initiating a pre-packaged administration, in which one or more of the directors of your company would be able to purchase some of the assets from the company with their own personal funds. These purchased assets could then be transferred over to a new company that is commonly called a Phoenix.
If your clients have a reliable payment history with you and your main issue is waiting on client invoices, then you may be able to turn future invoice payments into a cash advance using invoice discounting or factoring. Your company would need to meet certain criteria in order to be eligible for these services, so if you're interested in taking this route we would recommend discussing your case with one of our insolvency practitioners to learn more.
Finally, if you want to simplify the process of closing down a company and minimise the possibility of being accused of wrongful or fraudulent trading then initiating a creditors' voluntary liquidation (CVL) may be the best course of aciton. During a CVL you would appoint an insolvency practitioner to hold a creditors' meeting and act as the liquidator of your company. All of the assets of the business would be sold to repay as many debts as possible and the business would be eventually dissolved.
Monday 18th January, 2016 Written by Keith Tully
With the 31st January deadline for filing your Self Assessment tax return online fast approaching, now is the time to start considering what lays on the other side of submission. For example, what happens if you are unable to pay your personal tax?Learn More…
16th January 2017 A construction business based in the Yorkshire city of Hull has been forced into administration after suffering sizable losses in recent quarters.
12th January 2017 A list of the 10 most curious and least persuasive excuses given by employers for failing to pay their staff the National Minimum Wage has been published by HM Revenue & Customs (HMRC).
6th January 2017 Colson Castors and Colson International has been entered into administration after being unable to maintain a viable financial position in recent weeks.
4th January 2017 The travel and package getaways company All Leisure Holidays has stopped trading and called in administrators after succumbing to financial crisis.
20th December 2016 The number of British businesses surviving by only paying off the interest amounts on their outstanding debts rose sharply in recent quarters.
Every day we help companies just like yours turn things around against seemingly impossible odds, regardless of your situation we can help. Find your nearest office today.