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Business Insolvency – What Are My Options?

Business InsolvencyIn the current economic climate it can be difficult to keep things afloat. The last 5 to 10 years have seen many businesses struggling to get by, prompting dramatic changes of business models or steps towards insolvency or recovery. If you’re worried about your business it only takes a walk down any high street to see you’re not alone. Large retailers BlockBuster, HMV and Jessops have gone into administration since Christmas, so now is the time to take action.

Things are ok at the moment. What steps can I take to keep my business afloat?

With the current state of the economy, even if you are making profit, things can spiral downhill very quickly if you’re not careful. You’ll need a watertight business plan, so talk to an advisor. Their help can save you a fortune later on. They will help you see your business through the eyes of potential customers, including the shopping experience and services you provide. You might be advised to make changes, and it’s important you follow these changes through.

Things are already bad. What options do I have?

Insolvency and recovery options depend largely on just how bad your business’s financial situation is. If you notice difficulties arise, it’s important to take action as soon as possible and not to wait for issues to resolve themselves over time. If this happens you can halt your insolvency or recovery programme, but if your company is trading while insolvent directors can be liable for wrongful trading. You don’t want to find yourself facing legal action or being personally responsible for debts, so take action now. A financial advisor will guide you through your options, which may include refinance, administration and liquidation.

Liquidation is the winding up of a business so it ceases to trade. Creditors’ Voluntary Liquidation is the most common form in the UK, involving closing the business and selling its assets to pay debts.

Pre-pack administration is when the company is sold to a third party (the administer). This is a good option if you are under a lot of pressure to react quickly, but it does mean the administer can sell the company without the agreement of creditors – unlike in liquidation cases. It can, however, be sold to the current directors to create a phoenix company; essentially your old business with a new name.

If a bank (or other creditor) decides the directors aren’t suitable, they may appoint an administrative receiver to take over running the company. This person can sell off assets and recover money as they see fit, and will primarily serve their own interests. This is called receivership, and means the conduct of directors will be investigated.

Voluntary arrangements and voluntary liquidation are a much better option than court ordered compulsory options, but your business doesn’t have to get to those stages. Consider debt management, lending money or restructuring before your cash flow problems get out of hand. Business recovery experts will be able to help you, whatever your situation.

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February 28, 2013 um 4:35 am
Business,Debt,Miscellaneous Finance
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