Our Business Rescue & Company Insolvency Options
Insolvency.com are Licensed Insolvency Practitioners.
We can advise on and deliver all formal insolvency procedures. Alongside this we can advise on and support you through your business rescue solution.
We will always lay out your insolvency options and business rescue opportunities and let you decide which the preferred option is for you.
The large majority of options are formal insolvency procedures that will need to the appointment of a Licensed Insolvency Practitioner.
Limited Company and Limited Liability Partnership Insolvency Options
Limited Companies (LTD’s) and Limited Liability Partnerships (LLP’s) have very similar insolvency options.
A range of options exist for any business facing severe financial pressure. Insolvency options exist through negotiated settlement or from legislation.
Start Afresh
Many of the formal company insolvency options will allow for the formal restart of a business. Such a restart may be the restructuring of debt within the existing company or a fresh start in a new company using some of the good bits from the old company.
Business Rescue and Informal Voluntary Arrangements
Time pressure can be the biggest barrier to Business Rescue. Negotiation of informal voluntary arrangements chasing creditors may provide time for business rescue.
Company Voluntary Arrangements (CVA)
A CVA is an agreement between a company and its unsecured creditors to repay outstanding monies in part or in full over a deferred period of time.
Unsecured creditors are those parties that are owed money but do not have specific security over the assets of the company.
Company Administration
A company administration is a court protection mechanism that provides protection from company creditors whilst a business rescue takes place.
A process that has increased greatly in popularity since the introduction of the Enterprise Act.
Administrative Receivership
A legal process whereby a secured creditor which holds security over the majority of the company assets.
A creditor that holds security over the majority of the company assets can appoint an Administrative Receiver to realise value from the assets held under its security.
Administrative Receivership is a less popular tool since the revision of the Company Administration procedure by the Enterprise Act.
Liquidation
Liquidation for an insolvent company takes two forms; Creditors Voluntary Liquidation and Compulsory Liquidation.
Business continuity or business restart can only generally take place through Creditors Voluntary Liquidation.
Liquidation is just that; the liquidation of company assets to pay its creditors.
Don’t forget our Start Afresh options for the smaller company voluntary liquidation.
Striking Off and Dissolution
A private limited company (Ltd) may apply to be struck off the companies’ register if in the previous three months it has not traded or otherwise carried on business.
Application may be made using Companies House form . This will require a small payment to Companies House; usually around £10.