Here at Insolvency Help we specialise in advising company directors in time of financial distress on solutions such as liquidation, administration, and other critical business rescue arrangements
Here at Insolvency Help we specialise in advising company directors in time of financial distress on solutions such as liquidation, administration, and other critical business rescue arrangements
Find out now the best procedure for your company
The Government Backed Corona Virus Support Scheme left a lot of businesses wondering - how can I pay this debt if my company did not manage to get back on track? Fortunately we can help
Closing down your company can be quite an overwhelming process, especially if certain debts are unpaid. We can assist with both solvent and insolvent company closures.
Having a long list of creditors can make decision making very difficult. Knowing how and when to pay them is a key aspect of running a business. With our help you can manage these debts.
Many companies can find themselves in debt and not knowing how to handle this difficult situation. Our goal is to help the directors in this economic environment, in order to find the adequate solution for our clients. Also, our licensed Insolvency Practitioners have all the knowledge needed for an efficient approach when it comes to insolvency procedures.
So if your company needs insolvency help or support and is struggling, we can offer you a variety of services for different matters, besides the insolvency services offered in the UK (such as Creditors Voluntary Liquidation, Company Administration, Company Voluntary Agreement and Members Voluntary Liquidation). We can offer you financial advice and support in this delicate matter of company liquidation. We are based in London, but we have a multilingual team, committed to help entrepreneurs from the whole UK.
The first step in offering you insolvency services in London is getting to know the company’s problems and troubles, its history and all the financial difficulties. After understanding the whole situation, we will easily help you find out what options you have. Whether you want to close your company or start a brand new business, we can support you all the way by tailoring the procedures according to your short and long term goals.
As a limited company director, you may be facing intense pressure from creditors, particularly HMRC. Company debts can take many forms and we specialise in advising directors on a range of debt-related issues.
You might have heard terms like liquidation, company administration, insolvency practitioner, and many more. But what do they mean and what might be the best insolvency procedure for your company?
Creditors Voluntary Liquidation is a legal process in which an insolvent company is wound up. The appointed Liquidator will try to realise assets (by recovering the assets from 3rd parties, selling the Company’s assets for the best price, etc) to repay the Company’s debts.
An Administration is a formal insolvency procedure in which an Insolvency Practitioner is appointed to act as an Administrator with the goal of rescuing the business and obtain the best result for the Company’s creditors
When a struggling business appears to be viable with the prospect of becoming profitable again, and the directors are willing to continue, a company voluntary arrangement (CVA) may be an ideal way to protect against legal actions.
MVL – Members Voluntary Liquidation (MVL) is a process of winding up a solvent company in a cost-effective way. This process is more advantageous than striking-off the Company on Companies House and taking out the assets as dividends since it is more tax-efficient.
A comprehensive library of useful articles, guides, tips and advice for company directors. A must-visit for directors looking to gain further understanding
You are insolvent if you cannot pay debts when they become due (either now or, because of some contingent liability of the business, in the future) or if your assets are worth less than your total liabilities.
There are three tests you can run to see if your company is solvent or insolvent.
Cash Flow Test – A company should be able to pay it’s debt as they fall due. If this is not possible your company may be insolvent.
Balance Sheet Test – If your companies liabilities (Creditors, Loans, Debts) exceed your company assets this means your company is likely to be insolvent.
Legal actions against your company – A major warning sign that your company is insolvent is receiving any letters threatening with legal actions against your company, from creditors. Such legal documents may be: Winding Up Petitions an CCJ – County Court Judgement.
In reality there are three main options you have in front of you
The main Insolvency Procedures are:
A company can be easily placed into liquidation. The first step is to have a discussion with a Licensed Insolvency Practitioner and determine a course of action. If Liquidation is the best route, the process can be started immediately. The steps for placing a company in liquidation are the following:
Prepare the statement of affairs (SOA) – a document presenting the clear situation of your company, the level of debt, all the creditors, the assets level of the company and the history of your company.
Board meeting – Directors of the Company meet and decide to place the company in liquidation
Members Meeting – The Shareholders also decide that the company should be placed into liquidation
Creditors meeting – the creditors meet and agree that the company should be placed in liquidation
For more details regarding company liquidation click here.
A Creditors’ Voluntary Liquidation usually costs around £6,000 + VAT. The price can vary depending on the total amount of debts and the number of creditors.
An Administration ranges from £7,500 to £10,000, depending on the size of the business and the total amount of debts.
In a creditors voluntary liquidation the cost to place the company into liquidation may be paid from assets if sufficient.
Liquidators fees post appointment can only be drawn from asset recoveries.
The benefit of a limited company provides the director with protection against company debts.
However please contact one of our insolvency practitioners if you have signed a Personal Guarantee over a debt of the company.
The liquidator, administrative receiver, administrator or Official Receiver has a duty to send the Secretary of State for Business, Enterprise and Regulatory Reform, a report on the conduct of all directors who were in office in the last 3 years of the company’s trading. The Secretary of State has to decide whether it is in the public interest to seek a disqualification order against a director.
Examples of the most commonly reported conduct are:
Continuing the company’s trading when the company was insolvent;
Failing to keep proper accounting records;
Failing to prepare and file accounts or make returns to Companies House; and
Failing to send in returns or pay to the Crown any tax that is due.
Having a limited liability company means that the directors have little risk (or limited liability) if the company fails, as long as they have acted properly and acted in time.
There are few instances where the Directors are liable such as wrongful trading.
Each insolvency case is different and the only way to know for sure is to speak directly with a Licensed Insolvency Practitioner.
Yes, it is possible for a director to set up a new company although there may be some restrictions put in place by HM Revenue & Customs
Before making any decision, a director has to consult with a Licensed Insolvency Practitioner. Our team can arrange a free consultation with some of the best professionals in the industry.
Directors’ duties cease at the date of liquidation, although the director’s full ongoing co-operation and assistance is required by the Liquidator. The company’s directors must:
• Give the Liquidator information about the company’s affairs
• Provide details of its assets and liabilities
• Preserve and hand over the company’s assets to the Liquidator; and
• Preserve and hand over the company’s books, records, bank statements, insurance policies and other papers relating to its assets and liabilities.
Feel free to either reach us directly via phone or email or submit a consultation form, detailing your situation and one of our team members will get back to you as promptly as possible.
As for the director’s involvement, the bulk of it will be in the first couple of months of the liquidation.