What are some of the advantages and disadvantages of a Company Administration, and how could they affect your company?

A Company Administration’s advantages include:

  • The possibility of company restructuring and the continuation of trading.
  • Stopping creditor pressure and legal action.
  • A Pre-pack Administration and the sale of the company
  • The best chance of a greater return to creditors.

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    What are the advantages and disadvantages of an Administration?

    Administration is a formal insolvency procedure which must be carried out by a licensed insolvency practitioner. The process protects limited companies from creditor pressure, and can allow the continuation of normal business operations, giving the company the best chance of recovery and an opportunity to restructure.

    The procedure has many benefits to directors, shareholders, and creditors – but it is important to understand all its implications.

    Purposes of Administration

    The process of Administration must achieve one of three statutory purposes.

    1. Rescuing the company as a going concern.
    2. 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.
    3. Realising property and assets to make a distribution to one or more secured or preferential creditors.

    Advantages of an Administration

    A company entering an Administration has many advantages, including but not limited to:

    • Protection against creditors

      A company will be given an automatic moratorium when it enters Administration, preventing creditors taking any further enforcement action such as obtaining County Court Judgements (CCJ), or issuing Winding-Up Petitions. This gives the administrators and directors time to regroup and look at the best course of action for all parties involved.

    • Maximised return for creditors

      The insolvency practitioners role is to ensure the creditors receive the best possible outcome from the process. A sale of the business or assets can be enhanced where there is continuity of trading, or alternatively the pre-packaged sale of the company can achieve better realisations than a sale after a cessation of trade, meaning Administration can provide a better return to creditors than entering straight into a liquidation procedure such as a CVL.

    • Company restructuring

      Administration provides the opportunity for significant restructuring under the guidance of a licensed insolvency practitioner, enabling them to make the necessary changes to either save the business or make it more appealing to potential buyers. Administrators have a duty to leave the business in an improved position, if working towards the statutory purpose to rescue the business as a going concern.

    • Pre-pack Administration

      In some circumstances, the business can continue to trade through a newly registered or existing company. This will mean a pre-arranged sale of the business and its tangible assets to either a third party, or associated company, which is managed by the appointed administrator. This is a process known as a pre-pack administration and it enables the directors to keep control of the business and trade to continue uninterrupted.

      • Preserves Jobs
        Employees are able to keep their positions as the business is able to continue trading, and their jobs preserved in accordance with Transfer of Undertakings (Protection of Employment) (TUPE). Either under the same or different directorship of the new company.
      • Continuity
        Pre-pack administration can ensure that assets are sold to the new company seamlessly, minimising disruption to the business and deterioration of the brand’s reputation.
      • Continuing company brand
        A pre-pack administration may allow the new company to continue trading using the former premises and may even be able to keep the full use of its former trading name. However, there are restrictions and this should be considered carefully.
      • Directors retain control
        A pre-pack administration allows directors to keep control of the company and continue trading until the sale of the business which will occur on the day the insolvent company enters into Administration.
    • Exit Strategy Considerations

      When a company is coming to an end, directors should understand and consider the implications of the possible exit routes out of Administration that will be available to the Administrator, which include.

      • Continue to trade
        If the company is deemed viable, and restructuring has been effective, the Administration will end and control will return to the directors, meaning that it can resume regular trading activities.
      • Company Voluntary Arrangement (CVA)
        If the company is deemed viable, and restructuring has been effective, the Administration will end and control will return to the directors, meaning that it can resume regular trading activities.
      • Find out more Company Voluntary Arrangements

      • Creditors Voluntary Liquidation (CVL)
        A CVL will see the company exit from Administration and be formally wound up and closed, allowing the directors to walk away from the limited company, with all unsecured debts written off.

      Find out more about Creditors Voluntary Liquidation

      The exit route the company takes will be determined by the individual circumstances of the company, its future viability and ability to make a distribution to its creditors.. In addition to the above exit options, the Company could also be placed into Compulsory Liquidation or be dissolved immediately following the end of the Administration period.

    Disadvantages of Administration

    When considering an Administration, it is important to understand the implications, including but not limited to:

    • Publicity

      Administrations are public procedures and clients can become aware that the company has entered into the process. However, this would be the case with any insolvency procedure that the company enters into.

    • Investigations

      Just as with any other insolvency procedure, an administrator is obliged to examine the actions of the company director.

    • Cost

      The cost of an administration depends on the size and complexity of the job, and can be dependent on the amount of time the company is in administration for.

      Find out more about the cost of Administration

    • Employee entitlements

      Unfortunately, some employees could be made redundant. Even if a new company is formed through a pre-pack administration, not all employees may be TUPE’d over to the new company.

    How we can help

    Our licensed insolvency practitioners are qualified across all insolvency procedures, including Administration. Our experienced initial advisors can discuss your company and assess the options available.

    1. Speak with our initial advisers via phone or online chat. If we can help, we will arrange a free consultation with one of our consultants to discuss your situation in more depth.
    2. During the consultation, we will advise if entering into Administration is the most appropriate route forward, or 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

    An Administration is a process that must be carried out by a licensed insolvency practitioner. The procedure aims to maximise a return to creditors while protecting the company from legal action and rescuing it as ongoing concern. If recovery isn’t viable, the company can explore options such as a formal liquidation, which will see the company wound-up with the sale of its assets providing a return to creditors and giving the director a chance to walk away.

    The process can have many positive outcomes, including but not limited to:

    • Protection against creditors
    • Maximised return for creditors
    • Company restructuring
    • Multiple rescue options
      • Formal repayment plans
      • Pre-packaged sale

    Case Studies

    Authored by Kelly Burton

    Berks Healthcare Services Limited

    Kelly Burton • Healthcare • Administration

    Wilson Field has advised on the sale of a Slough-nursing agency which was bought out of administration saving all 7 jobs.

    Berks Healthcare Services Limited, which traded as Enchor Healthcare Services, specialised in providing healthcare professionals for the public and private sector.

    It supplied registered general and mental health nursing staff, together with unqualified support and ancillary staff, to private hospitals and care homes in the areas local to the company’s offices in Slough, Portsmouth, Birmingham and Luton.

    The company, headed up by healthcare professionals, called in administrators from Wilson Field after suffering from a fall in turnover, which left it struggling to meet unsustainable historic legacy debt. It had also been issued a winding-up petition from HMRC.

    Kelly Burton and Emma Bower were appointed as joint administrators on 14 June 2018 and concluded the sale of the business and assets for an undisclosed sum to an unconnected company Connect Care & Support Limited, also based in Slough.

    Kelly Burton, director and licensed insolvency practitioner at Wilson Field said: “The company had a turnover in the region of £2.9m per annum in 2017. However this is a very competitive marketplace, which is primarily price driven and recent minimum wage legislation changes had also impacted on the company’s potential profit margins.

    “As administrators, we sought a purchaser for the business.

    “This pre-packaged sale to Connect Care & Support Ltd saved seven permanent jobs as well as numerous temporary agency staff.

    “It has also mitigated employee termination claims in the nature of wage arrears, accrued holiday pay, redundancy and pay in lieu of notice estimated to total £29,576 as the liabilities have transferred to the successor business under the TUPE regulations.

    “This means the business has a new future moving forward.”

    Berks Healthcare Services Ltd was incorporated in January 2015, but can be traced back to February 2007. Enchor Health Care was recognised and registered as Recruitment Consultants providing both permanent & temporary staffing solutions to many different Health and Social Care settings. It also had supported living and rehabilitation centres.

    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

    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.”

    Beverley Horton Christopher Callaghan Stephen Hall

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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"

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      "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!"

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

      mark dangerfield

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      "Brilliant, straight to the point, answered my questions promptly A+"

      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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      "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"

      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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