Administration or Liquidation? What’s the difference? Which is best for my company?
While administration and liquidation are both insolvency procedures for insolvent, limited companies, they are both very different and will only be applicable in certain circumstances.
Administration is designed to restructure an insolvent company where deep-rooted issues prevent it from being profitable. Liquidation, by contrast, sees an insolvent company closed, drawing a line under its debts.
When deciding whether administration or liquidation would be the best choice for your company, many factors should be considered.
Company administration
Administration is a powerful tool used to protect an insolvent company, halting creditor action and giving the Administrators time to devise a strategy to repay the company’s debt and, if possible, save the company.
Administration is a relatively temporary state rather than a long-term insolvency solution. During this period, the administrators will gather information and data to assess the viability of the business and decide what might be its best route out of administration.
Typically, administration lasts up to one year, although this can be extended if required and the creditors and/or courts allow it.
An administration has three “statutory purposes” to which the insolvency practitioners must adhere:
- Rescuing the company as an ongoing concern.
- Or achieving better results for the company’s creditors, as long as it provides better results than if the company was wound up.
- Alternatively, insolvency practitioners must realise property or assets to make a distribution to one or more preferential creditors.
More on company administration
Liquidation – Creditors Voluntary Liquidation
In contrast to administration, liquidation is a terminal process which sees the company closed down. Liquidation can follow an administration where there’s no further prospect of repaying the company’s debt.
Liquidation sees the company’s assets being sold off or realised to make payments to creditors on a pro-rata basis. While the company ceases to exist, the business isn’t automatically dead. In some cases, the directors can purchase back the assets at market value and continue trading through a different company.
Read more about Creditors Voluntary Liquidation (CVL)
Falling into insolvency is unpleasant for any business and, understandably, can lead to a lot of sleepless nights and stress for directors and stakeholders. Yet it doesn’t have to be this way. Being proactive at the first signs of trouble often yields a more favourable outcome, and if your business is starting to feel the pinch, contact us without delay for free, confidential advice.
Are there alternatives to liquidation and administration?
Often, the procedure best suited for your company depends on its circumstances, how many creditors it has and whether they’re putting pressure on directors. If administration or liquidation is unsuitable, there are still a variety of options to help you recover the company and allow it to continue, or close the doors and put the company to bed.
Read more about company recovery optionsRepaying the debts in affordable instalments
Administration isn’t the only option to recover your company. If the core business has the potential to make a profit without its debts, you may be eligible for a Company Voluntary Arrangement (CVA). These arrangements allow you to remain in control of the company while repaying its debts in affordable monthly instalments. A CVA does require approval before it can be actioned, and it may not be suitable for all companies.
More about Company Voluntary ArrangementsRepaying debts to HMRC
If your debt is to HMRC, you can also apply for a Time to Pay Arrangement (TTP). These allow companies and individuals to repay an affordable, tailored portion of their debt to HMRC, usually on a monthly basis over a period lasting between six and 12 months.
Speak to us if you’re behind on repaying your debts to HMRC. We have developed a strong relationship with them, putting us in an ideal position to negotiate.
More on Time to Pay ArrangementsIn summary
Both administration and liquidation are formal insolvency procedures and share similarities, but both have slightly different purposes. The main difference between administration and liquidation is that administration can enable a company to continue trading if it’s viable. There could be aspects of the business that work and jobs within the company could be saved while other parts of the business are sold. By contrast, a liquidation is for where the company has no realistic future and always ends with the company being closed.
How we can help
If you’re unsure about the best procedure or the right insolvency process for your company, get in touch with our initial advice team today for some free, impartial advice with no obligation. We have a team of experienced insolvency practitioners who will help guide you towards the best route forward.
FAQs
What is the difference between a CVL and compulsory liquidation?
A CVL is a voluntary insolvency procedure carried out when a company’s directors or shareholders recognise that the state of insolvency or financial decline is beyond reasonable repair. Choosing to pursue a CVL protects the company from facing compulsory liquidation through means of a winding-up petition, in which they could face very little control over their company’s closure.
More about compulsory liquidation
Can I hold directorship of another company once my insolvent company has been liquidated?
Yes – it is entirely possible for you to become or remain a director of a separate company throughout and after the process of your company facing CVL. This is, however, subject to there being no disqualifications enforced due to findings of wrongful trading throughout the process of a CVL.
More frequently asked questions around voluntary liquidation
What happens to the company’s employees?
Unfortunately, once a CVL is carried out, employees of the company are made redundant. If there are no funds within the company with which to cover redundancy pay, employees may apply through the National Insurance Fund, as long as they meet the criteria.
More about eligibility for redundancy pay
Case Studies
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.
Catering Butchers
Kelly Burton • Leisure & Hospitality • Administration
A previously successful, family-owned and managed catering butchers saw its turnover eradicated by the Covid 19 outbreak.
Following a review of all the options with the team at Wilson Field, the directors decided to appoint WF as Administrators.
Kelly Burton, director and insolvency practitioner at Wilson Field added:
“Like many over the pandemic, unfortunately there were some difficulties encountered as the business struggled to keep up its strong sales. However, we are continuing ro release the assets for the benefit of the creditors.”
Due to a lack of funding, the business unfortunately ceased to trade, however, the Administrators have managed to secure the debtor ledger and a sale of the remaining tangible assets, for the benefit of creditors.
Oldham Precision
Kelly Burton • Construction & Engineering • Administration
Machining engineers Oldham Precision has been bought out of administration saving all 12 jobs.
The company’s principal activity was the sub-contracting manufacture of large volume batch precision machined components for clients across a wide range of industries including aerospace, paper converting, printing, coatings, electronics and valve construction.
Administrators Kelly Burton and Lisa Hogg from Sheffield business turnaround experts Wilson Field were appointed joint administrators on 17 January after the company suffered cash flow problems.
Originally established in 1982, the company, based at Red Rose Business Park on Shaw Rd in Royton, offered subcontract engineering including CNC milling, grinding and turning.
After advice from Wilson Field, the business was sold to the existing management team as a going concern saving all 12 employees’ jobs.
Kelly Burton, director in the Leeds office at Wilson Field said;
“Following discussions with the director, the business was sold as a going concern, safeguarding all 12 employees’ jobs and offering a better return for the company’s creditors than alternative options.
“The new company will be under the same management offering the same standards of service to its customers.”
💬 Live Chat - Available
✅ Free confidential help & advice
If you or your company is in financial difficulty, I may be able to help you. Our phone lines operate 9am until 9pm - 7 days a week.
Chat With MeFor immediate help & free advice, please freephone:Free Consultation
Request a free confidential telephone consultation from 9am - 8pm, 7 days a week.
Call Now