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FAQ

FAQ

On this page, the team here at BCIA Recovery & Turnaround Ltd have assembled some useful advice and resources for businesses facing financial issues. Please call our Derbyshire office if you have any queries.

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FAQs

  • What is insolvency?

    Insolvency has a number of different meanings when it comes to both individuals and businesses. There are various types of insolvency to consider, which are explained in detail below:

    • Actual insolvency - This type of insolvency is the original definition of insolvency, which is the inability of those with a mortgage to pay their debt.
    • Technical insolvency - Technical insolvency is what happens when individuals or firms cannot cope with and meet their financial obligations, and is synonymous with balance sheet insolvency, where liabilities exceed assets.
    • Cashflow insolvency - When a business has a lack of liquidity to pay off debts when they are due, this is known as cash flow insolvency. Businesses can be balance sheet insolvent, where negative net worth from assets is shown on their balance sheet, but in this instance they may not be cashflow insolvent as their everyday, ongoing revenue may be enough to set their accounts and cashflow straight.
    • Accounting insolvency - Accounting insolvency is what occurs if a business’s total liabilities are greater than their total assets, thus giving them a negative net worth.

    What to do if you are insolvent

    The director, shareholders or creditors of a company – or the court – can place a company into a formal insolvency procedure in the event of their falling into insolvency. If it appears that your company is heading toward insolvency, there are four procedures to consider which may rescue the situation, distributing your company’s assets. These are as follows:

    • Company Voluntary Arrangement - A CVA is a binding agreement between a company and its creditors, under which a reduced or revised debt repayment arrangement is created, provided your company re-establishes its affairs following a new strategy for business development.
    • Administration - This rescue procedure involves your business’s assets being protected by the halting of any creditor action. In the event of administration, an insolvency practitioner, or ‘administrator’ will replace you as director, and follow what they believe to be the best course of action for your company, whether that be saving it, selling it, or winding it down.
    • Administrative Receivership - Although now predominantly taken over by administration, AR is available for some companies where an insolvency practitioner, or ‘administrative receiver’, is appointed to sell the assets belonging to your company at their maximum value so that your company can pay off its debt.
    • Liquidation - The process of liquidation completely closes down your company and stops it trading through the conversion of its assets into cash. The assets are separated and sold, with proceeds being distributed to shareholders for solvent companies, and creditors for insolvent companies.

    If you are worried that your company is insolvent or close to being insolvent it is imperative that you act quickly. Failure to maximise creditors’ interests could lead to personal liability for the company’s debts. At BCIA, we are committed to helping our customers to appropriately handle any financial difficulties or issues they or their company may be having. For more information on our services, get in touch with us today.

  • What is administration?

    Administration is a legal concept which refers to a situation in which, rather than going into liquidation, a company is operated by a newly-appointed administrator on behalf of creditors in an attempt to save the business from liquidation through a number of means.


    There are various options that could be taken by administrators to stop a company from going into liquidation. No course action will work in every situation, which is why it is important to have an experienced practitioner onboard to make the crucial decision regarding which one(s) would work best for your company’s individual situation. Possible actions to take could include:

    • Recapitalising the business
    • Selling the business to new owners
    • Demerging the company into elements to be sold, with the remainder being closed

    The administrator will be a licensed insolvency practitioner, whose job is vital to the potential survival of the company. This is why they must act in a certain way. When an administrator is appointed, all legal action surrounding the company is ceased.


    The administrator, however, must not only work quickly and efficiently, but in a way that takes into account the interest of the creditors as a whole. This, after all, is the objective of their role in stepping in to sort out the situation; to best help the creditors in ensuring they do not lose large amounts of money through the failure of the business in question.


    By working on their administration proposals and endeavouring – eventually – to hand control of the company back to its board, the administrator is vital to the company’s survival.


    Pre-pack administration

    Pre-pack administration refers to the pre-arranged sale of the assets belonging to a now insolvent company to a third party, sometimes even the company’s own directors, after the company has gone into administration.


    Why opt for administration?

    The prime reason for businesses to go into administration is, essentially, to get protection from creditors. Though an expensive process due to the hire of an administrator and one that temporarily halts the power of directors, the administration process is certainly a powerful tool for companies that may find themselves in this predicament and subsequently require such action.


    Here at Recovery and Turnaround, we can aid you and your company during all stages of the administration process. We are committed to helping customers in the event of any financial issues or requirements they or their company may have.


    The hostile appointment of an administrator is often the last resort of a secured creditor when they feel that all other avenues have been explored, but administration is also an important tool for business recovery. It is extremely important for experienced eyes to manage the process and ensure that the directors’ interests are considered since the administrators duties lie solely to creditors.

  • What is pre-pack administration?

    Pre-pack administration is an effective way of selling a company to either:

    • A trade buyer
    • A third party
    • The existing directors operating within a new company if the existing business is experiencing issues and creditor threats.

    If a company is at risk of facing a winding up petition – a malicious petition issued by creditors – the pre-pack administration provides a better return for secured and unsecured creditors in many instances whilst protecting the assets of the company under what is known as a moratorium.


    Benefits

    Pre-pack administration has a whole host of advantages, the primary advantage being the continuity that the business can experience as there are no breaks in the progression of the company. This way, the Court protects the company, which in turn permits the administrator to seek to sell the business as a going concern. By doing so, any debts and unwanted contracts the company has agreed to are eliminated without interruption to business – jobs are saved, and the company is given a fresh start.


    Another benefit is that this process is cheaper than trading administration since no funding has to be found by the administrators in order to carry out the trading process. As well as the lower costs this process requires a shorter timeframe, with all work from preliminary marketing and discussions with creditors right the way through to completion carried out in the matter of just a few days.


    Disadvantages

    There are, of course, drawbacks to this procedure. Pre-pack administration can create negative publicity if people take the view that former directors are casting off liabilities. This, though seemingly unfair since the company was already insolvent, is something that can arise.


    Following consultation by the UK government about the process regarding its drawbacks, it was decided that pre-pack administration need not be reformed and should be kept as it is. Since the process requires a strict code of practice from practitioners – a practice that has been made even more rigid in recent times – the procedure is deemed to be effective overall.

  • What is a winding-up petition?

    A winding-up petition is one of the most severe and serious actions that can be taken against your company. A winding-up petition is a creditor’s method of request for a court to grant a winding-up order. A winding-up order forces insolvent companies into compulsory liquidation. In this process, the court will appoint an official receiver to liquidate the company’s assets, allowing them to repay creditors who have been promised money by the company before their demise.


    The very presence of a winding-up petition can cause your bank to freeze your account, cease unmade payments and appoint administrators to protect their facility. Once advertised, the bank will automatically freeze your account as they are so obliged to under insolvency law.


    When will a winding up petition happen?

    They will occur in instances in which:

    • Payment deals have been made but the company have failed to see them through
    • Cheques have been written but have bounced
    • The directors of the company in question have not kept their word to pay

    Specifically, HM Revenue and Customs, or another creditor, will send the petition to the court after the insolvent company in question fails to repay their debt of £750 or more within 21 days of a claim (the official payment request) being issued. Even if your company has worked hard to keep to payment deadlines, this can happen simply if your customers have been slow in their payments or if your sales have not been as high as your company had predicted or hoped for.


    Can you stop a winding-up petition?

    If a creditor has issued a winding-up petition, there is no time to waste. However, there is a small window of opportunity in which action can be taken to prevent the inevitable winding-up order from being issued; so, if companies act quickly enough, there is a chance the process can be stopped.


    In order to do this, the company has as little as fourteen days following the issuing of the petition in which to take action. Following the issuing, reviewing and approval of the winding-up petition by the creditor or HMRC, the company must take one of the five following actions:

    • Repay all the debts owed to the petitioner, whether that be HMRC or another creditor.
    • Obtain an administration order to have the company placed into administration which protects fixed assets. When in administration, a licensed insolvency practitioner will be appointed to be in charge of selling some of the company’s assets.
    • Arrange a company voluntary arrangement in which your company comes to an agreement with the petitioner, perhaps allowing you to repay the debt gradually, over a period of up to five years. By doing so, your company would be able to avoid liquidation.
    • Question and dispute the debt. This is only appropriate in an instance where you and your company have substantial proof that the debt claim made against you is inaccurate or simply unfair. This evidential proof is vital, as it is a serious allegation against the court, known as an ‘abuse of court process’.
    • Enter into negotiation with the petitioning creditor in order to seek their approval of a payment plan or obtain further time to pay by way of refinance of cash flow solution.

    If your company has received the threat of a winding up petition – especially from HMRC – then do not delay. Once a petition is issued it is very difficult (but not impossible) to stop.

  • What is liquidation?

    Liquidation is a process in business in which a company’s assets are realised for the benefit of its creditors. The process is managed by a licensed Insolvency practitioner acting as a liquidator.


    Also referred to as winding-up, or dissolution, the process can be compulsory – known as compulsory liquidation – or voluntary; known as shareholders’ liquidation. These two different types of insolvent liquidation differ in severity and, subsequently, the actions taken to amend the situations.


    Compulsory liquidation

    In general, a petition is made for the compulsory liquidation of a company by any of the following parties:

    • A creditor who can make a case for a prima facie case
    • Shareholders who may be required to contribute to the assets belonging to the company upon the act of liquidation
    • The company itself
    • The Secretary of State (or equivalent title)
    • The Official Receiver

    Voluntary liquidation

    This type of liquidation occurs when those members belonging to a company decide amongst themselves to voluntarily wind up their business and dissolve the company or parts of it. This occurs following the company passing the resolution and, following the liquidation process, companies will tend to cease their existence.


    For solvent companies, the liquidation can proceed as a voluntary winding-up by the members, requiring merely a general meeting to appoint the liquidator(s) – this is known as a members’ voluntary liquidation and is the rarest form of liquidation. If, however, the company is insolvent, the liquidation will proceed as voluntary but as a creditors’ voluntary winding-up petition. The creditors will meet and, following discussions with the directors about the company’s state of affairs, or even the appointment of a liquidation committee, the decision will be made, and the process can proceed.


    If a voluntary liquidation has occurred within a company, there is still a possibility for a compulsory liquidation order to be issued. However, in this instance the petitioning contributory requires that the court is satisfied that this voluntary liquidation would prejudice the contributors.

  • What is Creditors’ Voluntary Liquidation (CVL)?

    When a business is struggling to continue its operations and is failing to turn the profit expected of them, Creditors’ Voluntary Liquidation is one procedure that can be carried out. For insolvent companies that are struggling with the burden of debts that cannot be paid and promises that cannot be met, this is an action that can often help situations rather than letting them worsen. By allowing an expert liquidator to step in, rather than the company simply going into decline and letting down its creditors, the finances of that firm will be dealt with properly and correctly, ensuring everyone’s expectations are met.


    What is CVL?

    Creditors’ Voluntary Liquidation (CVL) is a process whereby a company’s directors and shareholders choose through their own volition to bring a business to its end through liquidation of its assets. The process is appropriate in the following circumstances:

    • If the company in question is insolvent
    • If the company does not appear to be viable, even after restructuring
    • If the company’s directors do not believe that they are able to rescue the company
    • If the action is taken as part of the restructuring of a group
    • If the market for that company’s good or service has declined

    What happens?

    During the process of the CVL, the liquidator will be tasked with four main actions:

    • Converting the assets of the business in question into cash
    • Working out how much is owed by the company
    • Investigating and then reporting on the conduct of the company’s officers
    • Making prioritised payments where possible to creditors

    Why do it?

    The act of entering CVL is one that can be incredibly beneficial to a flagging company that may have been suffering the effects of a lack of successful turnover for a considerable period of time. A liquidator – somebody who must be a licensed insolvency practitioner – will be appointed, and by carrying out this procedure they will be able to bring the business to an end.

  • What is a Company Voluntary Agreement (CVA)?

    A Company Voluntary Agreement is an action that can be taken by companies in the instance of financial difficulties experienced by that company that may threaten its continued trading. In order to allow your company to continue to trade, an offer of repayment is put together for creditors. The offer will be an amount based on what the company will realistically be able to repay alongside the ongoing expenses and payments required to be made by them as a company.


    By putting this offer in place, the company show their commitment to the revival of their company and its state of affairs; something which is valued highly by the creditors, and indeed prompts them into agreeing not to pursue the company in question, or even make contact with them, provided that the monthly payments from the company are met. If the contributions are met correctly, your company will be left to continue trading as usual.


    Why should my company enter a CVA?

    CVAs, as a solution, work most effectively in the instance of a sudden change of business structure that must be reacted to quickly. These changes may have been caused by occurrences such as:

    • Absence of directors or key staff
    • Withdrawn support from the bank
    • Loss of a major contract plunging business into difficulty

    Is there an alternative?

    CVAs are often proposed due to directors feeling they may be the best course of action to take, though this may not always be the case. Rather, if the company’s issues have arisen from a sustained lack of profit, it may well be that CVA is not the right route for them to take and a solution such as liquidation may be more fitting.


    What will happen if the CVA is approved?

    If a company have a CVA approved, they will have their creditors dealt with in order to allow the company in question to continue operations, eventually turning a profit for the business. By simply adhering to the monthly payments, the money will be distributed fairly between creditors, which in time will allow for the writing-off of outstanding debts. After this, the company will be free from legal obligation, meaning they cannot and will not be chased by creditors any longer.

  • Improving company cashflow

    To avoid becoming insolvent, companies must be diligent about recognising business distress early on and acting upon it quickly. By solving cashflow problems in an efficient manner, companies can avoid the fate of insolvency and not fall into difficulty. Here, we explain how companies can improve their cashflow problems and keep on top of their cashflow in a more reliable and efficient manner.


    Manage cashflow daily

    This is a very simple way for companies to improve their cashflow issues. By keeping on top of their cashflow on a daily basis, as opposed to at weekly or monthly intervals, companies are able to keep a closer watch on their cashflow, watching for any discrepancies that may show up and solving them as and when required rather than allowing them to slip through the net and only noticing them – if at all – months later.


    Cost cutting

    A self-explanatory tactic, by cutting costs companies will benefit from improved cashflow with immediate effect. Lower costs allow companies to reap the rewards of their higher revenue and save the firms from being thrown into difficulty when they have little money left to spend on improving their products or services.


    Marketing plan

    If your company does not already have a good marketing plan in place, this is something which is advisable. Many companies will be tempted to stop their marketing during a cashflow crisis, but this is the worst action they could take. By continuing marketing, your company will continue to gain new revenue from potential new customers and thus not be left with diminishing revenue which cannot match existing costs.


    Employment costs

    By paying close attention to just how much you are spending on the wages of your employees and the sheer number of employees you may have within your company, you can begin to see where costs are perhaps outweighing revenues. By keeping an eye on these rather than hiring new workers at every opportunity and presenting them with unachievable, unsustainable wages, your cashflow will be regulated and kept healthy.


    Revisit your business plan

    It goes without saying that a business plan should be in place for any company to manage their finances adequately and efficiently: what they can, cannot and should not afford, and how this affects their cashflow. By revisiting your business plan, your company may be presented with errors you were unaware of, and you may be able to improve your cashflow without drastic changes.

  • Directors' duties during insolvency

    When a company falls into insolvency, it then falls to directors to step in and intervene in the business to solve the issues it is experiencing. In this instance, the directors have a duty to creditors, rather than themselves or shareholders.


    Establish whether the company is insolvent

    This is the first step that should be taken by directors, as it is important to clarify whether the company is, in fact, in a state of insolvency or simply experiencing difficulties. In order to ascertain this and establish your firm’s situation, we provide detailed information about the warning signs you should be looking out for if you fear your company to be insolvent. By being alert to your company’s state, you can ensure that you are on top of any changes that may be happening within the company’s structure and status.


    Mistakes directors can make

    Some directors will choose to ignore their company’s state of insolvency, allowing debt to pile up without any hope of being able to pay back creditors. This can lead to disqualification and personal liability for their firm’s debts on account of this wrongful trading. Some directors even remove or sell assets to another company at a lower price, known as a transaction at undervalue, which is something that can be reversed by liquidators.


    Some directors will also make the mistake of assuming that the money and assets within their firm’s bank account are for their personal use, a fact which is not true as the assets very much belong to the company. A situation may arise where some of the money may be received back by the directors if they are classed as creditors in the formal insolvency process, but this is not guaranteed.


    Directors must step in

    Directors should step in positively to attend to their firm’s insolvency issues. It is important to obtain proper advice from specialist turnaround practitioners such as BCIA Recovery and Turnaround to guarantee that you are representing your company appropriately and acting in the best interest of your creditors.

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  • How long does administration last?

    Administration, a procedure being carried out by a court-appointed administrator under insolvency laws, is not necessarily a quick fix for a company. 


    That said, administration procedures can be as short as a couple of weeks should the objective of the procedure be achieved within this short time frame. If, for example, a pre-pack sale has taken place with the proceeds of the sale being received in this time, there is no reason why the administration procedure should take any longer. However, administration can last up to 12 months, with possible extensions of up to 6 months with court consent – the process can be incredibly lengthy.


    Here, we explain a little more about what the different exit routes are when it comes to the administration procedure:


    CVA / handing back to the director

    In this instance, the company would be handed back to directors and shareholders, with the objective of the procedure having been fully achieved and having ensured that the creditors have been paid the relevant money as, without this, the process cannot be completed and wrapped up.


    If there is an instance in which the company can satisfy all its debts in full, the administrator will propose a simple CVA as a mechanism through which all debts can be paid and administration can be exited. Once this mechanism is in place, directors relinquish control.


    Liquidation

    If there remain assets to realise at a company, or debts to settle, this can be done through the process of liquidation. Without the need to make expensive court applications to remain in place, liquidation provides a time and money-saving option for the company in question.


    Dissolution

    After the administrator has carried out the relevant work, one option may be to dissolve the company which in turn rids the company of the need to complete the further insolvency process of liquidation. This will usually occur where asset realisation is complete and, in that instance, there is no need for further investigation. Alternatively, this may happen if there is no money to distribute to creditors and, indeed, no hope of further recoveries. In this situation, the dissolution of a company may be sought by the administrator, closing the company and having it removed from the company record.

  • What is the administration court process?

    The administration court process is the process involved when a company goes into administration. With two possible ways to enter voluntary administration, there are various considerations when deciding which is the best route for your company.


    Court application

    One option is to make an application that will be heard before a court. This is the most common way of applying for administration for your insolvent company, with the majority of administrative action being taken in this way.


    If a winding-up order is issued, the proposed administrator notifies the creditor who presented the petition. Both parties can then attend a hearing prior to the court, in which the proposed administrator will be represented by a barrister. In this hearing, the creditor can object to the administration process if desired, before the court can assess the issue and decide upon the right outcome.


    Out of court application

    In some circumstances, however, you can make an application for administration without the need to go before the court. This action can be taken so long as the following requirements are met:

    • The company must be insolvent or likely to become insolvent.
    • There are no Qualifying Floating Charge Holders (or, if there are, they have received notice of the proposed appointment and consented).
    • The administrator is confident that they can achieve.
    • The successful rescue of the company.
    • A better result for the creditors than the prospect they would be faced with should the company go into liquidation.
    • An improvement in the realisation for one or more preferential creditors.
    • There are no winding-up petitions present or outstanding.
    • There is no administrative receiver appointed for any of the company’s assets.
    • Any prior administration experienced by the company must have been at least twelve months prior to the present one.

    If these criteria are met, the application can go ahead, with the charge holder being notified before they either consent to the administration or 5 working days pass with no reply from them. Following this, the relevant papers will be filed in court and an administrator will be appointed.

  • What does liquidation mean for a director?

    As a director, it can be a difficult moment to recognise that liquidation is the best option for your company’s future, as well as your own. If your business reaches a point beyond which it can no longer make payments to creditors and has no further funds to inject into the business, voluntarily liquidating the company’s assets is often the wisest choice, and advice from a business recovery and insolvency specialist such as BCIA Recovery & Turnaround should be sought. Here we’ve explained what to expect as a director when your company is going through liquidation, and what responsibilities you will have throughout the process.


    As soon as a company goes into liquidation, directors’ powers must immediately cease; they may no longer control any aspect of the company, act on behalf of the business or sell any assets. The appointed insolvency practitioner will take over control of the company’s assets throughout the process, relying on directors for assistance.


    Directors are responsible for supplying their appointed liquidator with all paper and asset records required during the process. These can include:

    • List of creditors
    • Company asset records
    • Employee details and pay information
    • Accounting records

    It is important that directors assist with the liquidation process in whatever way is asked of them, and do not intentionally misinform the liquidator; if they are found to have supplied false information or to have continued trading when they knew insolvency was inevitable, a director can be personally liable for the company’s debts.


    What next?

    For many directors, the insolvency of a business is an extremely stressful process to go through, and it can be difficult to see a large part of their life completely shut down.


    The good news, however, is that our business recovery specialists can advise you on how to continue to be a director of another company, and avoid the mistakes made the first time around. Provided your conduct was not deemed unfit during the liquidation process, a director can immediately go on to be a director of another limited company.


    We are dedicated to guiding you and your business through difficult processes such as liquidation with the utmost care and professionalism. For further advice for your company, or to discuss any of the services we offer, simply get in touch with one of our experienced specialists today to see how we can be of assistance to you.

  • Company debt issues, and why you need to act NOW

    Many companies can hit financial troubles at some point during trading, and often a range of solutions are available to directors. However, as the decision maker for the future of your company, it is important for a director to recognise when your company falls into debt issues out of your control, and when it is time to act.


    If your company is no longer able to make payments to its creditors, and there are no more funds to inject into the business, then you are officially insolvent, and cannot legally continue to trade. At this point it is essential to contact insolvency experts to discuss your situation and the options available to you. Here at BCIA Recovery & Turnaround, we’re on hand to help guide you through this process, and our specialists can advise on the best next steps to take for your business and for you.


    Why contact BCIA Recovery & Turnaround?

    The insolvency process can have many legal barriers and restrictions, and without the expert guidance of our qualified teams, directors could find themselves unintentionally breaking the law and being found liable for the debts of the company and the liquidation process personally. We have assisted many companies with financial problems and know how to guide directors through what is expected of them to ensure all responsibilities are carried out legally and as efficiently as possible.


    Our experienced consultants can analyse your individual circumstances and find the solution that suits your company best. Recovery specialists are not there to criticise or judge your business decisions, but rather to guide you out of your current financial circumstances and find a way to help.


    What now?

    We offer a free, no obligation evaluation, and can personally visit you to discuss your situation, so there are no upfront costs when seeking initial advice. Our experienced teams act with your company’s interests as their priority when finding solutions to debt issues – be it guiding the company through liquidation, or finding alternative methods that could even allow your business to regain financial stability.

  • What to look for when seeking turnaround advice

    When seeking turnaround advice for your business, it can be difficult to know what to look for, or know whose advice is most valid. With many companies offering insolvency advice, we know the struggle directors can face when seeking options for a way to turn things around for their business. Our insolvency experts have listed some of the top things to look for when seeking turnaround advice, and why BCIA Recovery & Turnaround value these core attributes.


    Specialists

    It’s important that you know who you are talking to, and that they are specialists in the situation you face. Here at BCIA, we specialise in business recovery, financial solutions, and personal debt solutions – and our experts are trained to assist you in assessing the options available to you.


    Experience

    When it comes to the future of your business and your livelihood, you want to be assured that your advisor has the experience to guide you through the necessary steps. We have over 40 years of experience in the business recovery and financial turnaround industry, allowing us to have forged a path as one of the leading experts in our field.


    Testimonials

    One of the best ways to tell if you’re with the right company, is if they have happy customers. We display testimonies and case studies on our website, showing how proud we are of the work we’ve carried out with our previous clients.


    Contact time

    Find out how your advisor will work with you before seeking turnaround advice – this is important to manage your expectations. Our advisors work with you to find a solution, but it is worth confirming how much contact time you will have with one another first.


    Fees

    Make sure you agree a fee in advance, in writing. Here at BCIA Recovery & Turnaround, we pride ourselves on our competitive pricing options. We offer a no obligation consultation and free initial meeting in order to meet prospective clients and understand the situation before we agree a contract.

  • Trading out: a guide

    Trading out is a common approach which a company may take if they have serious cashflow difficulties, but not to the extent that the business is in danger of bankruptcy. This turnaround option is one of the most straightforward ways of dealing with a cashflow issue, but only if this issue has arisen because of a clear reason, and the business is not in a position where it is about to fail.


    It is important to seek advice to ensure that your company is not on the verge of insolvency before deciding to trade out. Should your business be beyond the point of remaining viable even with financial relief, insolvency options may be more suitable to you and should not be delayed.


    What to ask yourself first

    It can be difficult for directors to acknowledge that their business’s problems are more severe than they appear, and for this reason the wrong decisions are often made. When considering trading out, it is important to consider the following questions:

    • Is money the only issue? Will money solve all the problems the company currently faces?
    • Is this business financially viable in the long term?
    • Have you cut as many costs as possible?
    • Have you sought expert insolvency advice from professionals?

    What to do

    If you and a professional insolvency adviser have agreed that the temporary shortage of finance can be rectified and the business is viable beyond this issue, trading out is a good option for you. You should contact your creditors to explain your situation and provide a detailed explanation of how you will restore the business and repay their loan. You can then attempt to negotiate a restructure of the repayments owed to each creditor.


    Plan

    When trading out, careful planning is essential to its success in saving your business. Ensure that you have calculated the scale of the financial problems faced and make a detailed budget that will turn the business around with exact time frames. This will boost your creditors’ confidence in your plan, making it more likely they will negotiate with you regarding repayments. A good relationship with creditors is key when trading out.

  • What to do if your company is struggling to pay VAT or PAYE

    All companies are responsible for paying VAT and PAYE to HMRC, and if these payments are missed, HMRC will investigate and potentially take legal action to acquire the money owed. If you are unable to pay your taxes as a company, you may be insolvent. It is important to act now and address this issue, rather than spend what money you do have on the business, as this will lead to penalties taken against you by HMRC.


    What are the options?

    If you are completely unable to pay the taxes and cannot foresee a time when you will be able to in future, it is likely to your business is now insolvent and you should cease trading. As insolvency experts, our team here at BCIA Recovery & Turnaround can assess your situation and negotiate your conditions with HMRC directly.


    If you just need more time to pay off the debt, however, you can apply to enter a Time to Pay (TTP) arrangement with HMRC. This scheme allows you to pay off the debt over a set time, but note that your application may not always be accepted, so you should have an alternative plan in place.


    Penalties

    It is important to remember that HMRC will have dealt with companies that have not paid their debts many times and may be strict on you due to hearing many excuses frequently. You should act appropriately to how your business is performing to ensure you and HMRC can arrange the most suitable agreement – accepting that your business is insolvent may be difficult but may also be the best way of stopping fines.


    If you miss several VAT and PAYE payments, you are automatically charged a percentage of the owed taxes, which will rise as more payments are missed. Should you fail to pay back your debts for a significant amount of time, the situation can even result in criminal charges – so get in touch with our team and act now.

  • How to know if your company is insolvent

    Insolvency is the inability of a company to pay back its debts or to meet their financial obligations. It is essential that, as the company director, you act immediately when finding your company insolvent, or you could risk being personally liable for the company’s debts if you continue trading.


    It can be difficult, however, to determine if your company is actually insolvent. We’ve listed below what some of the warning signs are, and how to tell the difference between your business struggling and insolvency.


    Insolvency warning signs

    Look out for some of these warning signs of insolvency:

    • Your overdraft is always at the limit
    • Your bank refuses your company a loan
    • Your bank wants personal guarantees
    • Paying creditors is always a struggle financially
    • You regularly miss payment deadlines

    If you recognise several warning signs to be true of your company, it could be insolvent. There are several tests to determine if it is:


    Cashflow

    The cashflow test simply asks whether the company can pay its debts when they are due. If deadlines are often missed, particularly by a long margin, this is a sign the business may be insolvent, and action should be taken. This includes tax debts such as PAYE and VAT, as well as any outstanding bills owed to other creditors.


    Balance sheet

    Do you owe more than you own? If your debts amount to more than the company’s assets, you may be insolvent. It’s important to draw up a balance sheet and factor everything in to reflect a true picture for the business. If you are not insolvent on a balance sheet test but are on the cashflow test you should still seek pre-insolvency advice from our experts to assess your situation.


    Legal action

    Your creditor could obtain a County Court Judgement against your company, which is a legal decision from the court stating that you owe the creditor money. If the judgement remains unpaid, the court could decide to investigate your business and its finances to determine if you are insolvent. It’s important not to continue trading if you are unable to pay back your creditors, as this could lead to you being accused of wrongful trading by the courts.

  • What is the difference between bankruptcy and insolvency?

    Bankruptcy and insolvency are two terms often confused for one another, and are assumed to mean the same thing. However, there are a few differences between the two terms, and our experts at BCIA Recovery & Turnaround have specified them in this article.


    What is insolvency?

    A company is insolvent when debts cannot be paid back to lenders on time anymore. Insolvency is when all trading and processes must discontinue because financial difficulties mean payments and debts can no longer be met. This is often due to cashflow in being lower than cashflow out, with an income too low for debts to be paid off.


    What is insolvency?

    Insolvency is not a legal process, but simply describes the current state of a business. A company that is insolvent does not have to declare bankruptcy – there are a number of alternative methods for taking control of finances, however bankruptcy is often a last resort and one of the most common solutions to insolvency for many businesses.


    What is bankruptcy?

    By contrast, bankruptcy is the legal declaration of inability to pay off debts. It is the way of dealing with debts if you are unable to pay them back, and is generally seen as the last resort in a situation where there are no other alternatives. This is because it tends to involve selling off any assets, so can have considerable consequences for your career.  Your credit rating will be marked for a significant amount of time, meaning credit cards or any other credit applications (mortgage, loan etc) will likely be declined.


    Bankruptcy means that, by law, the company or person must attempt to pay off what is owed with help from the government. This can take two forms:

    • Reorganization bankruptcy - The debtor restructures repayment plans so they are more easily met and in a manageable timeframe agreed by creditors.
    • Liquidation bankruptcy - The debtor sells all assets of the business in order to make enough money to pay their creditors back.
  • What is company director disqualification?

    When a company is insolvent, it is essential that all directors immediately cease trading. By law, a director who is found to have continued to trade after acknowledging insolvency can be disqualified, which can lead to a range of penalties. To avoid any charges being placed against you, our advisers here at BCIA Recovery & Turnaround have outlined what company director disqualification is, and how to ensure you are not liable to be accused.


    A director can be disqualified if, during insolvency proceedings, it is deemed they have not met their legal responsibilities and acted unlawfully whilst insolvent. A director’s conduct may be deemed unfit during insolvency proceedings, at which point their actions will be investigated by the courts. Unfit conduct includes:

    • To continue trading as a company when it can no longer pay its creditors
    • A lack of proper or detailed company accounting records
    • Failure to send accounts and returns to Companies House
    • Failure to pay tax owed
    • The use of company funds or assets for one’s own personal gain

    Could I be liable?

    If your company is involved in insolvency proceedings, or a complaint has been made against you, your company (or you personally) may be investigated by the Insolvency Service. If this occurs, you will be informed in writing of what you are accused of that makes you an unfit director, when they intend to start a disqualification process, and what your options to respond are.


    Your options:

    • Wait for the Insolvency Service to take you to court in order to disqualify you, in which case you can defend yourself in court if you wish to do so.
    • Voluntarily disqualify yourself, which will end court action against you.

    Disqualification penalties

    If you are disqualified as a company director, you will be unable to be the director of any UK registered company, or be involved in any aspect of the running of a company. This includes management responsibilities such as hiring staff, controlling accounts, or being tasked with making executive decisions. Further restrictions upon disqualification include not being able to sit on the board of a charity, police authority or school, not being able to be a registered landlord, be a solicitor or accountant, or a pension trustee


    Disqualification can last up to 15 years, depending on the severity of each case, and can even result in a prison sentence of up to 2 years if the terms are broken.

  • Dealing with HMRC debt

    HMRC debt is a common problem for companies that are struggling financially, as trade creditors are often incorrectly prioritised to pay back first. As a creditor, HMRC can be quick to resort to formal recovery action to ensure your debts are paid back. This action can take the form of bailiffs to reclaim your assets, or the decision to issue a winding-up petition which could lead to you needing to cease trading completely.


     It’s important to deal with your HMRC debt as soon as possible to avoid severe legal action being taken against you. Here, we’ve listed a few of your options when dealing with tax debt.


    Propose a payment plan to HMRC

    One option to dealing with your HMRC debt is to approach them yourself with an offer of a payment plan, known as Time to Pay Arrangements. If you choose this option, you should be aware that it can be difficult to make sensible plans with HMRC, and they are unlikely to accept a repayment plan that takes more than 12 months.


    What’s more, HMRC are unlikely to renegotiate with you once a payment plan has been agreed, and will start recovery action very quickly if a payment is missed.


    Use BCIA Recovery & Turnaround to propose a plan

    Alternatively, our insolvency experts here at BCIA Recovery & Turnaround can formulate a Time to Pay Agreement to propose to HMRC on your behalf. As professionals in this field, we’re experienced in structuring a plan more likely to be accepted by HMRC, and that will positively impact your company. By approaching us, you are significantly increasing your chances of having HMRC agree to a realistic payment plan that suits them and you as well.


    Restructure the business

    Restructuring your company through a formal insolvency procedure removes the difficulties of dealing with HMRC and can also enable you to formally address any other debt issues the company may have. This option can often be a cheaper alternative, allowing you to move forward more quickly if a reasonable payment plan is not an option to your company.

  • What happens if I can't pay my tax bill?

    If you are unable to reach an agreement, or are unable to keep up the payments you have agreed, HMRC can take the following action against you:


    Possessions seized

    The process formerly known as levy and distraint is now commonly referred to a ‘taking control of goods’ whereby HMRC sends bailiffs to your business premises. The bailiffs seize your possessions and assets to be taken to auction. Any money made from the auction will then be used to pay your bill, with any additional money given back to you, and any outstanding money still owed.


    If HMRC choose to take this option, you will be issued a document listing your possessions to sign by someone from HMRC – if you choose not to sign this, your possessions will be seized on the day, but you will have 5 days to pay your bill. If you do sign the document, your possessions will not be seized until the 5-day window has expired – the possessions will subsequently become the property of HMRC from the day of their first visit.


    Court

    Another option HMRC can choose to take if you do not pay your tax bill is to issue court proceedings.


    Magistrates’ Court

    Proceedings can start in a Magistrates’ court when you owe a maximum of £2,000 and have owed it for less than a year. If HMRC chooses this action, you will be issued with a summons informing you of when the hearing is.


    You can pay your bill at any time, at which point you will no longer have to go to court. Should the matter go to court, the magistrate can order you to pay your bill as well as court costs and can send bailiffs to take your belongings if you do not make the payment.


    County Court

    If your debt cannot be collected via the two options mentioned above, HMRC can start County Court proceedings against you. Again, you can pay back your debt at any time and stop the legal proceedings, however if you do not pay what is owed you can be ordered to pay your debt plus court fees.


    In this case, your details will also be put on the Register of Judgments, Orders and Fines, which will negatively affect your record rating and cause problems when you try to open a bank account or apply for credit in future.


    Winding-up petition

    Finally, HMRC may issue a winding-up petition for monies owed to them if your company fails to pay its debts, or if the debt exceeds the company’s total assets thereby rendering it as insolvent by definition. As a sole trader or for personal tax bills HMRC will often issue a bankruptcy petition.


    HMRC are the most powerful of unsecured creditors by virtue of the fact that they do not need to obtain a court judgment in order to initiate the most hostile of action against a company. It is imperative that you deal with them at an early stage.

  • Creditor pressure: understanding their rights

    If your company is struggling financially, you may find that keeping up to date with paying debts back to your creditors is difficult, leaving you behind on payments. It is important that you maintain a direct and honest contact with all your creditors when this happens to avoid them putting excess pressure on you.


    Creditor pressure can be a massive burden on any business owner and knowing what your rights – and your creditor’s rights – are is important. Our experts here at BCIA Recovery & Turnaround have explained what can cause creditor pressure, what their rights are, and how best to alleviate it.


    What causes creditor pressure?

    Creditor pressure can occur due to many reasons, leaving your company unable to pay your debts on time. This can be as a result of losing a contract or clients, or even just over time from several late payments due to financial difficulties.


    Whatever the reason for your creditors pressuring you, it is important that you understand what your creditors’ rights are and how you can best alleviate the situation.


    What rights do creditors have?

    Your creditors have every right to pass the task of demanding repayment on to a debt collection agency, or to sell the debt to a third party.


    They also have the right to serve a written notice to you, requesting repayment of the loan and any interest that is owed due to late payment. In certain situations, your creditor may take legal action against you to take you to court to begin a formal insolvency procedure which could lead to bankruptcy. This is the case if you have been served with a statutory demand requiring payment of a debt of more than £750 which you have failed to comply with for more than 21 days.


    When are creditors overstepping their rights?

    Although your creditors have the right to demand repayment, there are boundaries with the extent they can go to, and if overstepped, you may be able to seek a remedy in court which could reduce or eliminate your debt to the creditor.


    Your creditors can be accused of harassment for any of the following:

    • Phoning frequently, particularly at unsociable hours
    • Using the services of multiple debt collectors for the same debt
    • Demanding larger repayments than what you owe
    • Making aggressive contact or threats
    • Threatening court action when they know that they do not have the right to do so
    • Threatening that you will face imprisonment if you fail to repay your debts

    How can I alleviate creditor pressure?

    The most obvious way to alleviate creditor pressure is to make efforts to repay the debt. If this is not possible immediately, one of the most straightforward ways to attempt to alleviate creditor pressure on your business is to talk directly with your creditors regarding the current financial circumstances the company is in and negotiate a repayment plan that is in their best interest but gives your company the best chance of fulfilling it.


    If you are facing creditor pressure and need advice, contact us today to book a free consultation with our advisors, and we’ll be happy to provide our expert advice on your company’s circumstances.

  • Asset protection for business owners

    As a business owner, it’s important to be able to protect your company assets in the event of a claim or pressure from creditors. With no plan in place, you could lose valuable assets should your business fall into financial difficulties or debt with creditors. Here, our experts have outlined what asset protection for business owners is, and how you can avoid losses should you face claims from your creditors.


    What is asset protection?

    An asset protection plan insulates both your business’s assets and your personal assets should a creditor make a claim against you due to debts owed. This is a useful preventative method for the event of your business falling into financial difficulty and becoming unable to repay debts.


    Why is asset protection important?

    It’s important as a business owner to be prepared for the risks you face if you fall into debt, and act to minimise the loss to your business. Asset protection plans employ legal strategies put into place before a creditor claim arises, which act to deter the claim or help to prevent your assets being seized.


    What types of asset do I need to protect?

    Company assets typically fall into two categories – safe and dangerous. Dangerous assets are more likely to be seized in the event of a claim, whereas safe assets do not create a risk of liability. Safe assets include stocks and bonds ownership, and individual bank accounts. Dangerous assets which are more at risk without a protection plan include:

    • Company vehicles
    • Tools and equipment (all bar one set of ‘tools of the trade’)
    • Commercial property
    • Rented real estate

    How can I implement asset protection?

    Asset protection plans can be quickly implemented without disrupting trading – it is essential that you put a plan in place before any claims or lawsuits arise. Any plans made whilst a claim is ongoing could be thrown out in court.

  • Should I invest my own money in a failing business?

    When your business is struggling, many directors will feel the temptation to insert their own money into the company in an attempt to revitalise it. This can be a huge risk, with the potential for that money to never be seen again.


    Should I put my own money into the business?

    As a director of a limited company, your personal assets are protected if the company fails. If you put your own savings into your company and it collapses, however, it is likely that you will not see a return on your investment, leading to a loss of your own money.


    For this reason, it is often strongly recommended that you do not put your own money into your business if it is failing, as you will want to avoid any personal losses should the business fail to recover. There are fortunately several alternatives to look at when your business is struggling, so finding a different solution is the best way forward.


    How to inject money into the business

    Whilst putting your own money into a struggling business is inadvisable, there may be several alternate solutions on offer that provide a temporary solution to inject cash into the business. In some cases, increasing your cashflow can be all the business needs to get back on its feet. This can include:

    • Selling more stock
    • Seeking payment from any debtors
    • Offering discounts for early payment
    • Cut outgoings

    Another alternative to putting your own money into a struggling business is to find ways to cut down on the company’s outgoings, and therefore saving money that can be used to help the business with its financial difficulties. Think of current outgoings that could be cut down – it is likely that some sacrifices will need to be made in order to keep money in the company. Areas of the business you could look at include:

    • Move offices – A smaller office means a cheaper rent, which can free up a lot of cash to help the business. Even consider moving your company’s headquarters to your home if you do not have many staff members, to avoid having to pay rent at all for a temporary solution.
    • Renegotiate with suppliers – Ask your suppliers to re-evaluate your contract with them, for example if you buy items in bulk you can make savings which could be crucial to a struggling business.
    • Redundancies – Making employees redundant can be a stressful decision to make, but if your company is failing, it may be one of the best solutions to cut outgoings and keep finance within the business.
    • Take a salary cut – Cutting back your own salary temporarily can be a good way of keeping money in the company, allowing it to get back on its feet at which point you can increase your salary again.

    If your company is facing insolvency, it is essential that you act as quickly as possible to ensure you make the best choice for your company.

  • 5 ways to recover from business cashflow problems

    For many new businesses, cashflow problems will occur at some point, whether it’s due to a slow trading period, losses, or another reason. A cashflow problem arises when the business starts to struggle to pay its debts, which can lead to insolvency if not addressed immediately.


    A lack of cash within the business is a common reason for a business failing and going into insolvency, so recovering from your problems early is essential. Here at BCIA Recovery & Turnaround, we’re experienced in providing businesses with financial advice, so here we focus on how to recover from your cashflow problems and avoid becoming insolvent.


    Invoice

    Invoicing clients promptly will help to ensure that you are paid on time, injecting funds into the business when they are needed. Keep a regular log of what you are owed, and make sure that all debts are collected when due to keep a consistent flow of cash into the business.


    Raise prices

    If you are struggling financially as a business, you could consider raising the prices of your merchandise or services. This can be helpful in providing finance to the business, particularly if clients pay late or there are slow periods, but be mindful not to raise your prices at the sacrifice of loyal clients – this could lead to you losing more money than you make!


    Cut costs

    Looking for ways to cut outgoings within the business can be one of the most effective ways to help your business recover from a cashflow problem. Look over your accounts closely and consider ways to cut down current costs that you are paying. Examples include:

    • Rent
    • Employees
    • Personal salary
    • Benefits

    Marketing

    Many companies make the mistake of cutting back on marketing costs when in financial difficulty, but this lack of direct action can actually result in the company collapsing completely. Assess your current marketing strategy for ways to drive sales, such as utilising free methods of advertising like blogs, social media or emailing campaigns to customers.


    Negotiate with creditors

    If you are struggling to meet regular payments with your creditors, discussing your financial problems with them and re-negotiating a contract may be the best step forward. If your creditor agrees, you can push back repayment dates, freeing up existing cash within the business to help the company as a temporary and fast solution.

Contact Us

If you would like further advice, call BCIA today on:

  0808 159 7337

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