When a company is insolvent and facing serious threats from creditors it may enter into administration. Licensed insolvency practitioners such as ourselves are appointed by either the company, the directors, or a third party, or by a direct application to the court (see below for more detail). During this process, the company is protected from creditor action.

What is administration?

Administration is a process available to insolvent companies to provide protection from its creditors. It involves a licensed insolvency practitioner (IP) being appointed to take control of the company and look into its financial situation. Administration provides the IP with breathing space to formulate a plan outlining how to restructure or sell the company and its assets. Protection from creditors is particularly useful and necessary in a situation where a company is being proactively or aggressively pursued for debt repayment. A common reason for a company to enter administration is if creditors are threatening, or have issued a winding-up petition. Otherwise, creditors may be pursuing the company through the courts.

More about creditor pressure on limited companies

Once placed into administration, then under paragraph 3 (1) of Schedule B1 of the Insolvency Act 1986, the administrator of a company must carry out their duties.

Purpose of an administration

A company administration can only go ahead if one of three statutory purposes exist. The three statutory purposes (required outcomes) are set out in Paragraph 3 to schedule B1 of The Insolvency Act 1986.

The three statutory purposes are:

• Rescuing the company as a going concern
• Achieving better results for the company’s creditors as a whole, than would be possible if the company were wound up without first being in administration
• Realising property and assets to make a distribution to one or more secured or preferential creditors

How does a company enter into administration?

A limited company is only able to enter into administration in one of two ways. If a licensed insolvency practitioner such as ourselves is appointed by the company directors or through a direct application to the court. A holder of a floating charge over assets of a limited company can also force the appointment of an administrator over a company if it fails to uphold the conditions of a debenture agreement.

More on the duties of an insolvency practitioner

Before an administration can go ahead, it needs to be established if the company is solvent or insolvent. Administration is not a procedure available to every insolvent company, the process would only be able to go ahead if one of the above three purposes could be achieved. Administration can either be quick and simple or a more protracted and complicated process. It depends on the circumstances surrounding the company. It is, however, a transitionary process for the company and not a long-term solution.

Process of Administration

Our company administration process.

Take advice regarding the Company’s financial position

• Have a free consultation with a qualified and licensed IP to understand the options available to you.
• Any proposed Administrator will need to be satisfied that they can achieve one of the three statutory purposes of an Administration (outlined above), prior to accepting the appointment.

Appoint an Administrator

• The appointment can be made by the Directors, the court or via the holder of a qualifying floating charge.

The powers of the Directors cease

• Following their appointment, the Administrators become responsible for the company.

Creditors are notified

• Administrators notify creditors of their appointment as soon as practicable.

The Administrators assess the Company

• The Administrators will then pull together a plan for the business.
• This may include continuing to trade the business to enable the completion of contracts and the generation of additional income; the restructuring of the business to make it more profitable and attractive to purchasers, or the marketing and subsequent sale of the business.

Implementation

• The Administrators will implement the preferred strategy to ensure one of the statutory purposes of administration can be achieved.

Reporting the outcome

• The Administrators provide a report to creditors within eight weeks of appointment (the Administrator’s proposals), outlining their future strategy and the steps already taken since appointment.
• A progress report is provided to creditors every six months, which summarises the realisations achieved, and provides details of any potential return to each class of creditor.

Advantages and disadvantages of administration

For insolvent companies, there are many advantages to entering administration. It gives the company breathing space to plan for survival. It can also prevent one creditor taking action which could be to the detriment to other creditors or indeed threaten the very future existence of the company.

An administration will protect the company from creditors whilst the process is ongoing, giving the company respite from creditor pressure. Administration is also an opportunity for the company to potentially be restructured, at the same time removing inefficient or non-profitable parts of the business.

Whilst the positives are there to be seen, advertising that a company has entered into administration can be damaging to a business, it shows that the company is insolvent. Directors also lose control of the day to day workings of the business, with the administrators taking temporary charge.

Alternative solutions

Although administration is a powerful tool that can save a company, whether it’s the best option for your company will depend on its own circumstances. Fortunately, there are other solutions available to help you either recover your business or close the doors.

A formal payment plan; a CVA

If you want to continue trading while repaying your creditors, you can explore applying for a Company Voluntary Arrangement (CVA). CVAs are formal arrangements allowing you to make affordable monthly payments to your creditors, stopping them from taking further action against the company. CVAs usually last five years, after which time, all remaining debt is written off, allowing you to continue unburdened by your old liabilities.

Find out more about a CVA

Company closure

Sometimes it might not be viable to keep the company open; the volume of debt and creditor pressure could be too burdensome for recovery to be a reasonable option. In these circumstances, you may be better off closing the company via a Creditors Voluntary Liquidation (CVL) before your creditors apply to wind-up your company through compulsory liquidation.

Read more about company closure

In summary

Company administration is a formal procedure which must be carried out by a licensed insolvency practitioner. It enables an IP to have control of the company and giving it protection against creditors, and plan the best way forward for the business. This could be through saving the company completely perhaps by entering a CVA, selling parts of the business or liquidating the company and realising assets.

How we can help

If you’re worried about your company being insolvent or have creditors constantly breathing down your neck, it’s crucial to act as quickly as possible. Administration is only suitable for certain companies, depending on their situation. If you think it might be right for you, we can help guide you through the process and if it would suit your company. We offer free face-to-face consultations nationwide.

Case Studies

ET Rowlands & Sons

Kelly Burton • Automotive • Administration

Assets from the well-known Telford road haulage contractor ET Rowlands & Sons, which has closed after nearly 60 years in business, are to be sold by auction online.

The firm, known for its striking red livery on its vehicles, provided road transport solutions for UK and continental Europe and operated a modern mixed fleet of rigid vehicles, tractor units and trailers.

Last week’s closure of the company, set up in 1958 by 87-year-old current director Mary Rowland’s father,  saw all 28 jobs made redundant after the company lost a major contract and potential hopes for a pre-pack sale were dashed.

Kelly Burton and Lisa Hogg from Yorkshire-based insolvency specialists Wilson Field were appointed joint administrators of ET Rowlands and Sons on 13 June at a meeting of members and creditors.

Wilson Field, have instructed valuers and asset management consultants Charterfields to dispose of the assets of the company, which operated a warehouse facility in Telford.

Vehicles and other items up for sale includes a fleet of 14 tractor units, seven rigid and flat HGVs by Scania, DAF and MAN, 14 curtainside and three flat back trailers, personalised numberplates including P7 ETR, P12 ETR, R4 ETR, S7 ETR, T2 ETR, V2 ETR, and 6 ETR, plant and office furniture. Other vehicles include a Vauxhall Movano 3.5T Dropside and Ford Transit T350 Panel Van.

Kelly Burton, director and insolvency practitioner at Wilson Field, said: “ET Rowlands & Sons was a well-established family run business that experienced loss of a major contract.

“The director came to Wilson Field for advice but regrettably the company entered administration and has been closed. As a consequence all 28 jobs have been lost. It is always sad to see a long-standing company go out of business with the loss of jobs.”

The online auction is now open and closes Tuesday July 4 from 12 noon. For further details visit www.charterfields.com

Print On Solutions Limited

Kelly Burton • Service Agency • Administration

A Leeds print company has been bought out of administration saving all 54 jobs.

Print On Solutions Limited was set up in 1999 years ago and went from start-up business to the largest envelope overprinter in the UK with offices in Leeds and Bury, 12 litho presses and six digital presses.

Administrators Kelly Burton and Joanne Wright from Sheffield business turnaround experts Wilson Field were appointed joint administrators on 11 April after the company, based in Century House, Holbeck, ran into financial difficulties following an ongoing dispute relating to a significant contract.

The directors took early advice and the business was sold to new company WEPOS Limited as a going concern saving all 54 employees’ jobs.

Kelly Burton from Wilson Field said:

“Following discussions with the directors, the business was sold to WEPOS Limited as a going concern, safeguarding all 54 employees’ jobs. The new company will offer the same service and standards and will operate under the same management team.”

In 2003 Print On expanded by moving to a 12,000 sq ft, purpose-built factory in Leeds, designed to offer the business a state-of-the-art platform for growth.

The expansion of the group was through strategic acquisitions and mergers of envelope manufacturers. Tower Envelopes in Bury merged with Print On in 2010 and became the Lancashire division.

National Videogame Arcade

Kelly Burton • Leisure & Hospitality • Administration

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 19^th 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.

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