A business may be under performing or experiencing difficulties for a variety of reasons. The problems may well prove to be less serious than initially anticipated. But it is essential that the problems are isolated and the causes identified if we are to first provide you with constructive assistance.
Our turnaround specialists Corporate Strategies undertake independent reviews which focus on the critical issues and provide clear recommendations. Our reviews are tailored to the specific needs of a company's directors, the bank or other lender and are often used as the basis for decisions concerning:
- future viability
- additional or new lending
- corporate reorganisation
Administration is one of the options open to insolvent businesses. It allows the reorganisation of an insolvent company, whilst protecting it from its creditors. As Administrators, we can hold your company together while plans are formulated to rescue the business, maximise asset realisations, or put forward alternative options.
Administration can be initiated by directors and used very effectively as a restructuring mechanism. Where the company has a viable future it provides a breathing space in which proposals can be put to the creditors. Streamlined under the Enterprise Act 2002, we can achieve an Administration quickly and efficiently. Your company can subsequently exit from Administration and be returned to your control.
Under a Company Voluntary Arrangement, trading continues and a repayment scheme is agreed with creditors. A CVA, which is legally binding, aims to allow the business to survive as a going concern, or achieve better realisation of the company's assets
A review may conclude that a business is insolvent and continued trading in the long term is impossible. In these circumstances, steps must be taken to place the company into a formal state of insolvency in order to protect the position of the creditors and directors.
An Administrative Receiver has wide powers allowing trading to continue and preserving the ability to sell the business as a going concern. Even if the business cannot be sold, actions can be taken to enhance asset value prior to realisation.
Liquidation is usually the legal closing down of a business which may be solvent or insolvent. Liquidation may occur following a receivership or administration.
Alternatively, the company's directors or shareholders may recommend that the company be put directly into liquidation via either a Creditors Voluntary Liquidation (CVL) or a Members Voluntary Liquidation (MVL) or a Court can make a winding-up order for a compulsory liquidation on the petition of a creditor or the company itself.
Creditors' Voluntary Liquidation (CVL)
This occurs where the shareholders, usually at the directors' request, decide to put a company into liquidation because it is insolvent. Either the company cannot pay its debts as they fall due or it has more liabilities than assets.
The purpose of the liquidation is to appoint a responsible person who has a duty to collect the company's assets and distribute them to its creditors in accordance with the law. That person is the liquidator who must be a licensed insolvency practitioner.
Members' Voluntary Liquidation (MVL)
A solvent liquidation is known as a Members' Voluntary Liquidation in which a liquidator is appointed by the shareholders and the company's assets are sufficient to settle all its debts with twelve months.
MVLs may be used for the purposes of reorganisation, or in the case of owner managed businesses to enable the shareholders to realise their interest in the company.
The company's tax position can be however be critical and our experts can advise you on the alternatives of liquidation or dissolution and any crucial timing decisions.
A compulsory liquidation is usually where a creditor has petitioned the Court for the winding up of the company. The official receiver becomes the liquidator but normally appoints an insolvency practitioner to carry out the liquidation. This is also known as a 'compulsory winding up'.
Our personal insolvency specialists provide simple, solution driven advice to individuals experiencing personal debt problems.
Bankruptcy is one way of dealing with debts you cannot pay. The bankruptcy proceedings free you from overwhelming debts so you can make a fresh start, subject to some restrictions; and make sure your assets are shared out fairly among your creditors. Anyone can go bankrupt, including individual members of a partnership.
Individual Voluntary Arrangement
As well as offering debt consolidation and management solutions, we can also offer an alternative to personal bankruptcy through an Individual Voluntary Arrangement.
This is a legally binding agreement between the individual and his/her creditors whereby a payment schedule is agreed. This cannot be altered by the individual and is adjusted to match their circumstances.
An IVA allows the individual to avoid bankruptcy and meets creditors' requirements through regular payments and a final recovery of a percentage of the total sum owed.