The risk of insolvency is quite significant for businesses who struggle under the heavyweight of financial pressure and are unable to pay their bills which are due.
There is a wide range of solutions for companies who are unable to pay their debts to shield them from lawsuits and compulsory liquidation, and advice from an experienced team of corporate rescue specialists will help you find the best solution.
One of the options open to a limited company’s directors and shareholders is to bring the corporation into corporate governance.
Although the administration is not the most suitable solution for any corporation, there are some situations where the most favourable approach may be the administration/management of a company.
Why will an organization go into the administration?
If the organization is in debt and unable to pay the money it owes, you can bring your limited company or limited liability partnership into administration.
The administration protects the company from legal proceedings and prohibits creditors from seeking a winding-up petition to compel the company to close.
The moratorium of eight weeks:
Going into administration gives a company an 8-week moratorium during which creditors can find respite, while the Administrator puts forward creditors with a plan.
The protocol for company administration can be used to:
- Rescue a corporation struggling to pay its debts and hold it as an ongoing issue
- Achieve a better return for the creditors of the firm than if the company was wound up immediately
- Realize property for the benefit of secured or preferred creditors, provided that none of the above resolutions is practicable
So if your business is now insolvent but may have properties, assets or a contract that will provide a more promising outcome, then the appropriate response could be ‘administration’.
Will a company still trade?
Continuing trade during the policy is typical for businesses. This is known as “trading administration.”
How is a Company Administrator appointed?
You may select an administrator in one of three ways:
- Through court order on request of the company or its directors, or by one/more creditors of the company
- By the floating fee holder who will file a complaint at the court
- By filing a notice at court via the corporation or its directors
Filing a court notice is a simple procedure and can be done without a court order or hearing.
The directors appeal to the court in most cases, and a formal hearing is held to bring the business into administration. The only way a creditor can begin the administration process is through a court order. But a court order is also needed if:
- The enterprise is now in liquidation
- The agency has an administrative receiver
- It has named a temporary liquidator
- A winding-up petition against the company is outstanding
Insolvency Practitioner responsibility:
The management is handled by an insolvency lawyer, who effectively becomes the company’s new chief executive and takes responsibility for operating the company away from the directors.
The manager has eight weeks to write a letter explaining what he/she plans to do. Below can be the premise:
- Restore profitability of the business
- Come to terms with creditors
- Selling the company as a concern
- Realize funds to pay a preferred or securitized lender
A duplicate of the statement must be submitted to the owners, staff, and house of companies of the company. The creditors and staff are then invited to a meeting to amend or authorize the proposals.
The primary aim of an administrator is to save the insolvent business by reforming its financial matters. This can include everything from negotiating contractual agreements on behalf of the company with tenants and creditors to enforcing contracts.
Process of restructuring:
Since the administration is a business restructuring technique, the Administrator may check for ways to compensate creditors without adversely impacting the company or causing liquidation.
Restructuring, which may include the disposal of hard or soft properties, and Redundancies are very much within the Administrator’s jurisdiction and skills collection.
The aim is to free up working capital, reduce ongoing costs and make the business leaner, meaner and more effective.
What happens to the directors of the company?
The capacity of the directors to control the company comes to an end during the administration process. However, they still must cooperate and assist with the administration, but without the Administrator’s instruction, they cannot make decisions concerning the management of the company.
In some cases, the directors are given some decision-making powers to improve the outcome of the administration. However, this is entirely at the Administrator’s discretion.
What is the difference between an administration and liquidation company?
The organization is dissolved in liquidation, and its properties are sold. Companies that go into administration are still deemed ‘viable,’ which means that if the right restructuring takes place, they may even survive to see another day.
You will need experts to determine if your organization needs administration or something else in the pipeline.
Disclaimer: “This article is for generally information only and full professional advice should be taken before taking any action’’.