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

    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

    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.

    Kelly Burton - Director & Licensed Insolvency Practitioner

    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.”

    Authored by Kelly Burton

    Principal Packaging Ltd

    Kelly Burton • Service Agency • Administration

    Sheffield administrators Wilson Field has helped save all 14 jobs at a Lancashire packaging supplier and manufacturer after it was bought out of administration.

    Administrators Kelly Burton and Joanne Wright from business turnaround experts Wilson Field were appointed joint administrators on 17 February after Principal Packaging Ltd suffered cash flow problems.

    The company, based at Pit Hey Place in Skelmersdale, was one of the main independent providers of quality packaging for the retail food industry, and major food and dairy suppliers.

    Directors Tracy and Richard Sharratt took early advice and the business was sold to new company Surepac Ltd as a going concern saving all 14 employees’ jobs.

    Kelly Burton from Wilson Field said:

    “Historically, the company offered a holding service to its customers. This meant that it held a significant amount of stock at any one time, which tied up a substantial amount of cash.

    “This created cash flow problems and was exacerbated in the early part of 2016 when the amount available on the company’s funding facility was reduced.

    “Directors took early advice from Wilson Field with the business sold to Surepac Ltd as a going concern, safeguarding all 14 employees’ jobs. The new company will offer the same service and standards and will operate under the same management team”.

    Principal Packaging, started in 2006, served packaging needs for meat, fish, horticulture and poultry sectors throughout the United Kingdom and Ireland and traded successfully in the early years.

    It gained a reputation for being one of the most professional, yet affordable, companies in a competitive market with its high-quality paper, plastic or board packaging, custom print services and high customer service levels.

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      Martin Fellerman

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      Usman Khan

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      mark dangerfield

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      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

      star_rate star_rate star_rate star_rate star_rate

      "Very good advice and simply put without the Jargon."

      Iain W

      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

      star_rate star_rate star_rate star_rate star_rate

      "Very professional company, spoke to Chris at Wilson Field, who gave clear and honest advise regarding my business matter."

      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

      star_rate star_rate star_rate star_rate star_rate

      "Very good advice and simply put without the Jargon."

      Iain W

      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

      star_rate star_rate star_rate star_rate star_rate

      "Very professional company, spoke to Chris at Wilson Field, who gave clear and honest advise regarding my business matter."

      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"

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