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How to liquidate a franchise company

Liquidating a company involved in a franchise agreement can be a complicated process. This can be due to the inclusion of the franchise agreement and the various stakeholders involved, and the franchisee should consult the franchise agreement to identify any obligations or requirements specific to liquidation or termination.

The liquidation process begins the same as it would in a standard liquidation. If you’re a director considering liquidating your company, speak to us, and we’ll guide you through your available options.

What happens when a franchisee enters liquidation?

A franchise agreement typically consists of two parties:

  • Franchisor – the party who owns the branding.
  • Franchisee – the party operating the service with the franchisor’s branding.

In liquidation, the involvement of a franchise can lead to further considerations and problems which aren’t usually present when liquidating companies not in franchise agreements.

  • Unpaid licensing fees
    Once the liquidation commences, the franchisor becomes an unsecured creditor for unpaid fees and charges relating to the use of that franchisor’s intellectual property.
  • Rent arrears on business premises
    Issues may also arise surrounding rent arrears on the company’s premises; franchise agreements may include a clause wherein the franchisor sub-lets the franchisee their business premises. This arrangement makes the franchisor responsible for the franchisee’s rent arrears.

Terminating or exiting a franchise agreement

While specifics can depend on the franchisor, the franchisee’s ability to end the agreement is limited and often relates to access to assets or systems needed for the business to operate.

  • If a franchisee becomes insolvent, the franchisor will likely terminate their franchise agreement.
  • There may be a clause in your contract detailing what would happen in this situation, as they may want to disassociate from the insolvent company and protect their own business from any potential fallout.
how to liquidate a franchise company

What happens when a franchisor becomes insolvent

Occasionally, the franchisor might be the insolvent party. In this case, the company’s intellectual property is considered an asset, a valuable one if linked to multiple franchisees.

In some situations, solvent franchisees may be offered the chance to purchase the intellectual property and continue the business, though this depends on the case’s circumstances.

How we can help insolvent franchisees and franchisors

Whether you’re a franchisee or franchisor and your company can’t afford to pay its liabilities as and when they fall due, you should seek professional advice from a licensed insolvency practitioner such as us.

  • Closing the insolvent company via liquidation
    If the company is in a situation where its debts are of such a level that recovery isn’t feasible, the directors might be better off closing the company, drawing a line under its debts, and walking away. A Creditors Voluntary Liquidation (CVL) closes the insolvent company and writes off its unsecured debts, allowing the directors to move on and start afresh.
    More on Creditors Voluntary Liquidation (CVL)

Whatever your company’s circumstances, our experienced initial advice team can assess its circumstances and provide free, confidential advice with no obligation.

  1. Speak to our initial advisers via phone or online chat. If we can help, we will arrange a free consultation with a consultant to discuss your situation.
  2. Our consultant will advise whether liquidation is appropriate, and what alternative options are available.
  3. After your consultation, if there is an appropriate route forward, we will issue the relevant documentation for you to formally engage us.

In summary

Whether the franchisee or franchisor is insolvent, a company liquidation involving a franchise can add considerations and complications to the process. Franchisors become unsecured creditors if their franchisee enters liquidation, and issues can arise around the termination of leases and rent arrangements. If the franchisor is insolvent, that same branding could be considered an asset if linked to multiple franchisees. Whether your insolvent company is a franchisor or a franchisee, contact us for free, impartial, confidential advice with no obligation.

Case Studies

Authored by Kelly Burton

M J Squire Limited

Kelly Burton • Construction & Engineering • Creditors Voluntary Liquidation (CVL)

A bespoke joiners and shop fitters in Sheffield, M J Squire Limited, had been in its trade for more than 30 years.

However, recently it has been forced to close due to the downturn in the construction and retail industry.

The company was located at Orgeave Close in Sheffield, after working for many household names over the years including House of Fraser, Levi’s, Austin Reed and Tommy Hilfiger.

Until 2014, it had been a profitable company but over the past couple of years, it had been unable to secure profitable contracts.

February 10th, 2016 saw the appointment of Wilson Field’s Andy Wood and Robert Dymond as liquidators. This development for the company came as a result of suffering cash flow problems.

Operations at M J Squire Limited have now ceased and regrettably, all nine roles within the company were made redundant.

Andy Wood, insolvency practitioner from Wilson Field, spoke about his work on this case. 

“Declining sales at M J Squires significantly impacted cash flow and the business’ ability to meet its liabilities. In the face of tough market conditions, the director has taken the difficult decision not to continue trading. The business has closed and the assets are being sold.”

“It is very sad to see this well-known local business cease to trade after over 30 years. The downturn in the retail sector has hit this business hard.”

Authored by Kelly Burton

Statestrong Limited

Kelly Burton • Manufacturing • Administration, Creditors Voluntary Liquidation (CVL)

Insolvency experts Wilson Field has helped turnaround the fortunes of a loss-making manufacturing company in Lancashire providing a new future for its 80 employees.

Businessman Russell Blaikie acquired the struggling 40-year-old Statestrong Limited, headquartered in Lytham St Annes, through a pre-pack sale and has been able to help the company immediately utilising his expertise in manufacturing and management.

Arrangements for the purchase of Statestrong’s business and assets were negotiated by Sheffield business specialists Wilson Field who affected the sale shortly after being appointed.

The company, which manufactures and supplies aerosol and liquid products for use in health and beauty, household, automotive and industry globally, posted sales of £12m last financial year, but had suffered pressure from creditors with outstanding arrears.
The total value of the deal is undisclosed but includes the business and the assets of the company based on Boundary Road in Lytham St Annes and Tarporley in Cheshire, which will now trade as Statestrong Products Limited.

Mr Blaikie said:

“Transactions of this nature are sensitive and require careful handling. The team at Wilson Field provided exactly the right professional approach.”

Wilson Field’s insolvency practitioners Kelly Burton and Joanne Wright worked closely with Mr Blaikie along with senior corporate case administrator Gareth Kinneavy.

Kelly Burton, said:

“The company had a wealth of expertise but was straddled with financial liabilities which ultimately made its future questionable. Looking forward, a previously distressed business now has a viable future.”

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.

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    "Chris's help and understanding of my situation literally brought me back from the brink of a terrible state - his kind, understanding words and amazing advice (which may i add was free) vs another IP that put the fear of god in me and demanded thousands of pounds means i cant praise this firm highly enough."

    Pete Senneck

    star_rate star_rate star_rate star_rate star_rate

    "Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"

    Sharon Swift

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    "Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."

    Crayford Crayford

    star_rate star_rate star_rate star_rate star_rate

    "Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."

    Danny Robertson

    star_rate star_rate star_rate star_rate star_rate

    "Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"

    Alec Short

    star_rate star_rate star_rate star_rate star_rate

    "Chris's help and understanding of my situation literally brought me back from the brink of a terrible state - his kind, understanding words and amazing advice (which may i add was free) vs another IP that put the fear of god in me and demanded thousands of pounds means i cant praise this firm highly enough."

    Pete Senneck

    star_rate star_rate star_rate star_rate star_rate

    "Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"

    Sharon Swift

    star_rate star_rate star_rate star_rate star_rate

    "Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."

    Crayford Crayford

    star_rate star_rate star_rate star_rate star_rate

    "Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."

    Danny Robertson

    star_rate star_rate star_rate star_rate star_rate

    "Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"

    Alec Short

    star_rate star_rate star_rate star_rate star_rate

    "Chris's help and understanding of my situation literally brought me back from the brink of a terrible state - his kind, understanding words and amazing advice (which may i add was free) vs another IP that put the fear of god in me and demanded thousands of pounds means i cant praise this firm highly enough."

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    Beverley Horton Christopher Callaghan Stephen Hall

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