Not sure what to do if your company is insolvent? Depending on the company's circumstances and the future you want for it, you could have several options.

Your company’s options could include:

  • Repaying the debt in affordable instalments.
  • Additional commercial financing.
  • Restructuring the company.
  • Closing the company, drawing a line under the debts.

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    My company is insolvent. What can I do?

    If your company is insolvent, or you believe has financial difficulties and is facing the prospect of insolvency. You can consider the formal insolvency options below:

    • Company Voluntary Arrangement (CVA).
    • Administration.
    • Creditors Voluntary Liquidation (CVL).

    How to tell if your company is insolvent

    If you’re unsure if your company is insolvent, there are ways to identify its solvent position, allowing you to take the action best for its situation.

    • Check the company’s cash flow, and make sure it has enough funds to cover its bills as and when they fall due.
    • Ensure the company’s liabilities don’t exceed the value of its assets on its balance sheet.
    • Check for legal action from creditors, including County Court Judgments (CCJs).

    More on how to determine if your company is solvent or insolvent

    Company recovery options

    If you find your company is insolvent, you should consider whether the business is viable and whether it has good prospects. If you think you can overcome the adversities currently holding your business back and wish to keep the company trading, there are options to consider.

    • Time to Pay and informal arrangements
      If your company is in short-term financial difficulties with HMRC, you may be able to reach an agreement if you approach them with an acceptable repayment scheme. A Time to Pay Arrangement is a type of informal agreement with HMRC, usually lasting six or twelve months, with the entire debt being repaid by the time of its conclusion.
      More on Time to Pay Arrangements with HMRC
    • Raising finance
      If your company’s core business is sound in structure but needs to raise or restructure its borrowings or other financial standings, your options could include:
      • Restructure existing finance.
      • B2B businesses – invoice finance (this may be helpful if the issues were caused by rapid growth).
      • Refinance plant, equipment, vehicles, etc.
      • Commercial mortgage / re-mortgaging.
    There are numerous options when it comes to business finance, but the underlying problems within the business must be addressed. Depending on your company’s financial position, a formal insolvency procedure may be more appropriate.

    More commercial finance options

    • Repay company debts through a Company Voluntary Arrangement (CVA)
      A CVA is a formal repayment arrangement allowing you to consolidate your company’s unsecured debts and repay them monthly over five years. Any unsecured debts left at the end of the CVA are written off, and the company can continue to trade throughout the arrangement. You retain control of the company’s day-to-day operations. A financially troubled company can get back on its feet while paying back something to unsecured creditors, avoiding winding-up petitions.
      We can assess your company’s financial situation and offer guidance on whether a CVA would be appropriate, completely free of charge.
      More information about Company Voluntary Arrangements
    • Restructure the company through administration
      If the company’s core business model is sound, but historical debts are burdening the company, it could benefit more from restructuring.
      Administration offers directors protection from creditor pressure while the insolvency practitioner restructures the company to attempt to rescue it as a going concern and return it to a profitable state, making it more appealing to potential buyers.
      Speak with one of our experienced advisors who can advise if administration is suitable for your business model.
      More information on administration

    Company closure options

    If the company is insolvent and it looks unlikely it will recover from its financial problems, contact us for advice on ceasing to trade. Doing so allows you to formally close the company in an orderly manner, avoids worsening your creditors position, putting a stop to all further legal action and ensuring your responsibilities as director are met.

    • Close the company via a Creditors Voluntary Liquidation (CVL)
      Sometimes, the company’s debt can be of such a level that company isn’t viable going forward, and the directors would be better off closing and walking away. In this case, the insolvency practitioner may suggest that the company enters Creditors Voluntary Liquidation (CVL). This closes the insolvent company and writes off its unsecured debts.
      More details about Creditors Voluntary Liquidation
    • Close the company down and start again via a Pre-pack liquidation
      In some cases, it may be possible to purchase assets from the liquidator and continue running the business in the name of a new limited company. This can be done through a pre-pack liquidation, a form of CVL, wherein a newly formed company purchases the old, insolvent company’s assets, and it is then liquidated.
      More on pre-pack liquidation

    How we can help

    If you’re unsure which option would be best for your company, we can help you decide. Our advisors are friendly, understanding, and available to offer you free, non-obligatory initial advice, guidance, clarity, and direction.

    1. Speak with our initial advisers via phone or online chat. If we can help, we will arrange a free consultation with a consultant to further discuss your situation.
    2. During the consultation, we will advise which option would be best for your company.
    3. After your consultation, if there is an appropriate route forward, we will issue the relevant documentation to start a formal engagement.

    We can provide the necessary expertise to advise you on which process would be best for your company.

    In summary

    You have several options if you find your company is insolvent. Which option you should take depends on your own assessment of the company. If continuing to trade is an option, it could enter a Company Voluntary Arrangement (CVA). If more substantial restructuring is required, then administration might be more appropriate. If the debts are of such a level that the company would be better off closing, then a Creditors Voluntary Liquidation (CVL) can put the company to bed.

    Case Studies

    Authored by Kelly Burton

    ARB (Sound Vision Light Power) Limited

    Kelly Burton • Leisure & Hospitality • Administration

    Wilson Field has secured a new future for a Banbury headquartered events management company, which boasted clients including Crufts, Tour of Britain and Virgin London Marathon after it was bought out of administration.

    ARB (Sound Vision Light Power) Limited was established in September 2014 and specialised in event hire including providing audio visual solutions equipment, hire and installation.

    The company, which traded from Coton Cottage, Chacombe near Banbury, called in administrators from Sheffield-headquartered Wilson Field for formal insolvency advice.

    The company, which has an impressive client list and relied solely on sub-contractors as and when needed, suffered VAT and HMRC issues as a result of a period of illness.

    Kelly Burton and Lisa Hogg from Wilson Field were appointed as joint administrators on February 20 and concluded a pre-packaged sale of the business and assets for an undisclosed sum to ARB Motors Limited, lead by the same management team.

    Kelly Burton, director and licensed insolvency practitioner at Wilson Field said:

    Wilson Field was brought in to look at the situation of the business.

    The focus on the company had diluted during a period of illness of one of the two directors. A debt was due to HMRC and a repayment proposal was rejected resulting in the need to protect the business and assets via a formal insolvency procedure.

    The pre-packaged sale means the business, which was an established player in event management at large scale events, has a bright future moving forward.

    The loss of a major employee’s input through illness can harm an organisation and it is important for businesses to seek help should this arise. Timing is essential to keep focus on the business.

    ARB has combined experience of more than 100 years and provided hire equipment such as indoor and outdoor PA systems, single and double-decker commentary units, street sound vehicles, exhibition TVs, stage lighting and mobile power in both primary and secondary distribution.

    Authored by Kelly Burton

    Derwent Castings Limited

    Kelly Burton • Metals • Creditors Voluntary Liquidation (CVL)

    Unsecured creditors owed money by a Derbyshire manufacturing company which went into liquidation are to receive a higher than the expected dividend of 60p in the pound.

    A total in excess of £128,000 is due to be distributed to unsecured creditors of Whatstandwell-based Derwent Castings Limited, whose claims totalled over £192,000.

    The company, whose roots date back to the 1940s, had traded profitably for a number of years but in late 2013 / early 2014 saw the cancellation of its largest sales contract which represented 70 per cent of its turnover.

    Bosses at the company, which employed 16 staff including three directors, struggled to attract replacement business and had to drop prices. Further business was lost as a result of foreign competition.

    Sheffield’s insolvency specialist Wilson Field was called in as liquidator and worked with the creditors’ committee of Derwent Castings Limited to secure the positive dividend.

    Andy Wood, associate director and insolvency practitioner at Wilson Field said:

    “Dividends for insolvent companies are generally low, or nothing, for a variety of reasons – cost of staff redundancies, difficulty collecting outstanding invoices, selling assets in a forced sale situation, selling specialist assets which have limited appeal to purchasers, deteriorating or perishable assets, as well as other costs involved.

    “However, thanks to a very positive relationship with the creditors committee, I am delighted to return a healthy dividend to the unsecured creditors in the region of 60p in the pound.

    “The supply chain is often greatly affected by a liquidation and in this case we have been able to help creditors.”

    Derwent Castings Limited was incorporated in August 2002 and specialised in iron casting from the five-acre Derwent Foundry site at Whatstandwell near Matlock.

    However, the iron founding operation at Derwent Foundry was first introduced back in 1946 by Wragg & Hawksley which produced cast iron pipes for the water industry.

    In 1950 the foundry was acquired by WH Davis & Sons Ltd to supply castings for their railway wagon building business. Following a management buy out in 1984, the company was renamed Derwent Foundry Ltd and following its closure in July 2002, was bought by its present owners and renamed Derwent Castings Ltd.

    Amongst jobs carried out on site were moulding using loose pattern and modern air setting (boxless) sand systems; metals work using the latest in electric induction melting producing a wide range of grey, SG and alloy irons; an independent Namas approved test laboratory, finishing, pattern making and machining facilities.

    Authored by Kelly Burton

    National Videogame Arcade

    Kelly Burton • Leisure & Hospitality • Administration

    national videogame arcade header

    Image from GameCity.org [http://gamecity.org/]

    The National Videogame Arcade is a unique national centre which is dedicated to history and development of computer and video games. The museum itself contains many rare and original videogames and consoles as well as a Toast Bar which serves a wide array of toast-based snacks.

    Over its time, it has also been involved in working in collaboration with Arts Council England, Times Educational Supplement, Wellcome Trust and the British Library to name a few. These projects and collaborations focused on developing the role of videogames in culture and education.

    Home of the acclaimed GameCity festival, The National Videogame Arcade in Nottingham, sadly fell into cash flow difficulties earlier this year despite an increase in its footfall. An eleventh hour investment by a director-led consortium, led by director Iain Simons, saved all 40 jobs at the increasingly popular tourist attraction and museum.

    The cash flow difficulties led to the destination being taken into administration, Wilson Field’s Andy Wood and Lisa Hogg were appointed as joint administrators on 19th August 2016.

    Andy Wood, an insolvency practitioner at business turnaround and insolvency specialist, Wilson Field, said;

    “The investment story behind the consortium is based on the passion that Iain Simons and his staff have for the GameCity project.

    “We were appointed as administrators after the company fell into financial difficulties, despite growing in popularity. The consortium of investors could clearly see the potential to turn the business around and with support from the staff, GameCity has a new future.”

    Director of GameCity and investment consortium leader, Iain Simons, was very happy with securing the last minute investment and the service he received from ourselves; “The NVA is like no other facility within the UK and is rapidly growing in popularity. It was devastating to us when we realised that the business was in financial difficulty, but we knew it could be overcome.

    “I have to give all credit to the staff here who volunteered to work without pay when we announced that the business was in trouble and this undoubtedly allowed us the time to pull together a consortium of investors to give the facility a bright new future and secure those jobs.

    “GameCity is rapidly picking up pace and the Toast Bar, National Videogame Arcade and our collaborations with new partners in the UK and beyond are proving to be just as popular as we’d hoped.”

    For more information on GameCity visit http://gamecity.org and for further information about our insolvency procedures, call us on 0800 901 2475.

    Beverley Horton

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      Martin Fellerman

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      mark dangerfield

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      "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

      Martin Fellerman

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      star_rate star_rate star_rate star_rate star_rate

      "Spoke with Chris who was able to offer me some excellent, practical advice. Extremely friendly and professional to deal with - I can't recommend them highly enough!"

      Usman Khan

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      mark dangerfield

      star_rate star_rate star_rate star_rate star_rate

      "Brilliant, straight to the point, answered my questions promptly A+"

      EdM-56

      star_rate star_rate star_rate star_rate star_rate

      "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

      Martin Fellerman

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      "Spoke with Chris who was able to offer me some excellent, practical advice. Extremely friendly and professional to deal with - I can't recommend them highly enough!"

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      mark dangerfield

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      "Brilliant, straight to the point, answered my questions promptly A+"

      EdM-56

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      "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

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