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My company is insolvent – what can I do?

A company is insolvent when it can’t pay its debts or liabilities when they fall due, or its debts outweigh the assets on its balance sheet. There are ways to identify whether a company is insolvent if you’re unsure.

How to tell if your company is solvent or insolvent

If your company is insolvent, what are your options?

Options for company recovery

The first question you need to ask is: “is the business viable, and does it have good prospects for the future?” 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 you’ve found yourself 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. We have a wealth of experience in proposing Time to Pay Arrangements, so if you feel this option could be the lifeline you need, don’t hesitate to get in touch.

If you’re suffering financial setbacks as a result of long-term issues, and it’s unlikely you could repay the debt in full, an informal procedure may not be appropriate.

More on Time to Pay Arrangements with HMRC

Raising finance

Maybe your business is sound in structure but needs to raise or restructure its borrowings. There are lots of options available, including:

  • Restructure existing finance
  • B2B businesses – invoice finance (particularly good if the problems were caused by rapid growth)
  • Refinance plant, equipment, vehicles, etc
  • Commercial mortgage / re-mortgage

There are numerous options when it comes to business finance, but the underlying problems within the business must be addressed or borrowing more money will just temporarily mask the real problems.

More commercial finance options

Company Voluntary Arrangement (CVA)

A CVA is a formal repayment arrangement which enables you to consolidate your company’s unsecured debts and spread out the monthly repayments over five years. Any debts left at the end of the CVA is written off, and the company can continue to trade throughout the arrangement. You retain control of the day-to-day operation of the company. This option lets a financially troubled company get back on its feet while also paying back something to unsecured creditors, thus 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

Administration

What if you know that the core business you operate is sound, but perhaps historical debts are pulling it down? Many companies can find themselves in this situation if they suffer a bad debt, lose an important customer, or need to downsize but cannot afford to pay redundancy. You know the company cannot continue because it is running out of cash but feel it could survive if given a fresh start.

If your company is short of cash, but the business model is viable enough to be sold as a ‘going concern’, administration might be the best solution for your company and its creditors. Administration will protect the company from creditor action until the best way forward can be planned and actioned. It may give time to finish off contracts, realise assets and attempt to sell the business as a going concern.

You may have the opportunity to continue the business as a new entity. Doing so will usually maximise creditor returns as opposed to merely liquidating assets and dissolving the company.

Speak with one of our experienced advisors who can advise if administration is suitable for your business model.

More information on administration

Options for company closure

If it looks unlikely that your company will recover from its cash flow problems, it’s essential to contact us for advice with a view of ceasing to trade. It’s important you avoid worsening your creditors’ position if you want to avoid accusations of wrongful trading and incurring personal liability.

Creditors Voluntary Liquidation (CVL)

A CVL might be the best route forward if you do not feel that the business has a viable future. It involves your creditors approving the appointment of a liquidator who will realise and sell off your company assets and make a distribution to creditors. Any debt left over at the end of this process is effectively wiped off.

More details about Creditors Voluntary Liquidation

Restart the company

In some cases, it may be possible to purchase assets from the liquidator and continue running the business in the name of a new entity. For help evaluating the best route forward for your company, contact us without delay. This process is called pre-pack liquidation.

More on pre-pack liquidation

In summary

There are several options available if you have become aware that your company is insolvent. Which option you take depends on your own assessment of the company – can it continue trading if given the option of repaying the debt over a period of time? If so, a Time to Pay Arrangement or a CVA could rescue the company or arranging commercial finance may be the answer.

Does the company need restructuring? Administration may be the process to consider. Are you looking to put the company to bed? A liquidation could be a more appropriate solution.

How we can help

So, there are a lot of options for you to consider. We can assist you in deciding on the best route forward for you and your business. Our advisors are friendly, understanding, and available to offer you free, non-obligatory initial advice and guidance, clarity, and direction. Financial worries don’t and shouldn’t be a burden you take on alone.

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

Designer Recliners Limited

Kelly Burton • Manufacturing • Administration, Company Voluntary Arrangement (CVA)

A Sheffield furniture manufacturer and upholster has relaunched offering a smaller, more specialised range of products.

Anico Interiors Limited, which included reclining chairs for the elderly, had suffered cash flow problems and issues with profitability.

Designer Recliners Limited, managed by director Nick Wall, has purchased the assets and business of Anico saving all 11 jobs.

Andy Wood and Robert Dymond from Sheffield business turnaround experts Wilson Field were appointed joint liquidators on 8 June and advised on the sale of the 14-year-old company, based on Orgreave Crescent at Orgreave Industrial Estate, as a going concern.

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

“Historically, the company offered a wide range of products but has now streamlined its offer to customers and cut out some unprofitable lines, as well as re-vamped its web site.

“Directors took advice from Wilson Field with the business sold to new company Designer Recliners Limited as a going concern, safeguarding all 11 employees’ jobs. The new company will offer the same service and standards under the same management team but focus on a smaller range of specialised products.”

The company employs skilled staff including upholsterers, seamstresses and cutters and was set up in 2002 by Nick Wall.

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.

Beverley Horton Christopher Callaghan Stephen Hall

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    mark dangerfield

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    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"

    Martin Fellerman

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    Iain W

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    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

    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"

    - As seen in -

    Beverley Horton Christopher Callaghan Stephen Hall

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