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Pre-pack

How assets are sold in insolvency

Pre-pack asset sales can often be viewed suspiciously. The sometimes high profile of these cases then leads to a misconception that assets are just sold back to company directors for rock bottom prices. This is rarely the case and this article will aim to deal with these misconceptions. The breakdown In 2014 Teresa Graham produced her report to Vince Cable into the implications of pre-packed sale in administration to connected parties. Following the “Graham review” pre-pack sales are even more highly regulated and insolvency practitioners are fined and reprimanded for not following the professional standards set out in SIP 16. If a pre-pack sale is made to a connected party the insolvency practitioner must: Demonstrate that the sale represents the highest achievable value for the business. Invite the party to make submissions to […]

Personal Guarantees

There are several firms that have cropped up within the last few years offering to negotiate or write off your bank or trade personal guarantees. Their fees vary greatly, as in our experience, does their success rate. Many of our clients have given personal guarantees, either to banks, finance companies, trade accounts, or to support asset purchases.  These personal guarantees ‘crystallise’, or in other words they become payable when they default on their agreements, or enter a formal insolvency, so its important for our clients to know that when we are assisting them, we are looking at all of their debt, including guarantees. So how do we go about this? How does it work? First of all, you need a ‘catch all’ plan to deal with the problems within your business – that’s where we can fit in. Robson Scott assesses the current state of your business, and works out with you, […]

Help for Directors – Pt 1

Director’s Disqualification By way of introduction, I have written this piece to highlight the various pitfalls and knock-on effects commonly seen by Directors whose business has gone through a formal insolvency process. Due to the scope of the assignment, I have broken the blog into two parts, Director’s Disqualification and ‘Directors Being Sued’. This first part will concentrate on the why’s and wherefores of disqualification proceedings, detailing how common they are, the potential effects of disqualification and concluding with advice on how to proceed if there is a chance this affects you. The second part will deal with what happens when directors are sued by Insolvency Practitioners. It looks at the types of action that can be brought by liquidators and administrators against directors, shareholders, and even their families, and examines ways to lessen their effect. Director’s Disqualification Process When a company enters into either Creditors Voluntary Liquidation, Compulsory Liquidation or Administration, the […]

Management of bad debts

It’s a fact of business life that your business will suffer bad debt. It’s also a fact that most of the paperwork you receive informing you of the bad debt and the subsequent insolvency proceedings can be somewhat difficult to understand. Also, if you’ve received the insolvency paperwork, you’re not getting paid, right? Not necessarily…. The North East Business Support Scheme (NEBSS) has been set up by Robson Scott Group to provide a service to North East businesses to manage and maximise their returns from insolvent customers. We will review the paperwork, and give you a clear, concise outline of the process (whether that be Pre-pack Administration, Liquidation, Company Voluntary Arrangement “CVA”, or an “IVA”). We will then contact the insolvency practice dealing with the case, and come back to you with a realistic appraisal as to whether you will get your money back, if so, how much and when. We will […]

Closing down your business

“It costs less than £100 to set up a limited company, but the costs of closing down can be considerably higher, especially if the wrong approach is taken!” There are three main ways of closing down a limited company, with similar procedures available for sole traders or partnerships. The way that suits you best will depend on the circumstances of your company. As there are such differences in the costs and implications between the three, it is well worth carefully examining which means of business closure before you decide. Below we examine the 3 main options. Dissolution (also known as ‘Striking off) This is applicable only if you have a company that has ceased trade for over three months and no longer has any assets. Before dissolution, your company must have already paid off all its debt – this is important, as if you dissolve a business whilst debt is still outstanding, […]

Thatcher’s legacy

Thatcher’s insolvency legislation is backbone to current business enterprise With the recent death of Margaret Thatcher, I thought it opportune to have a look back at the huge effect she had on the way we deal with insolvencies in the UK. Towards the end of 70s and the beginning of the 80s, Britain was in the grip of a recession, suffering a lack of confidence in its own business prowess, and facing a need to move away from its core raw material industries. Much wrong was done in the need to change Britain’s direction, and many communities were ripped apart in the way it was approached, especially across the North. However, when Mrs Thatcher was appointed prime minister in 1979, she also set the UK onto a path of business reform that completely changed the way businesses operate. Having loosened the grip of the unions, she also brought in new measures in line […]