Strategic Finance

Preventing insolvency

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Strategic Finance
Written by Suzanne Jones, Solicitor at Howard Kennedy   
Tuesday, 31 August 2010
Company directors should still tread cautiously until the UK economy stabilises.

The Insolvency Service recently released the insolvency statistics for the second quarter of 2010. In England and Wales compulsory and creditors’ voluntary liquidations, receiverships and administrations all decreased on the same period a year ago.

Company voluntary arrangements however increased. Personal insolvencies have fallen for the first time since 2007. However, this is an increase of 5% on the same period a year ago.  Bankruptcies were down but individual voluntary arrangements and debt relief orders increased.  

Other statistics also suggest improvements in the second quarter: gross domestic product, total services output, total production output, manufacturing, construction, agriculture, forestry and fishing output all increased compared with the previous quarter.  The number of unemployed and the number of repossessions also fell.  

The figures look promising, but other indicators suggest the UK economy has some way to go. Vince Cable, business secretary has spoken of concerns about the UK entering back into recession.  

Mervin King, governor of the Bank of England warned that the UK economy faces a ‘choppy’ economic recovery over the next 2 years. The Bank of England recently lowered its economic growth forecast and said inflation would stay higher for longer than previously forecast.

Many companies have entered into time to pay arrangements with HMRC and £5.13bn of tax payment is delayed under the scheme which will soon need to be repaid.  

There is always a time lag of 12- 18 months after recessions before it effects corporate failures, however this recession and the actions taken by the government could mean that the time lag is longer, as the government has put pressure on banks to lend, although the amount of credit available is extremely limited and they have allowed companies to defer their tax payments.

This will without doubt have an effect on the corporate insolvency figures.  Tough austerity measures have been announced, there is still an ongoing lack of credit and VAT will increase to 20% at the start of next year.  All of which suggest difficult times ahead.  

Chris Huhne was optimistic and said on Radio 4 the ‘‘World At One’ programme, “The reality is that it’s very unusual that there is a double-dip recession in economic history.”  

However, the reality is that the banks had never collapsed nor faced the brink of collapse as they did in 2008; it was an unprecedented economic event meaning the future repercussions are unpredictable and parallels are difficult to draw.
 
It is for these reasons individuals and companies need to tread with caution.  Company directors should focus on the operational side of the business to better place the company, should there be a downturn.

It is for these reason directors are reminded of the following:

  • Do not neglect director’s duties.
  • Keep accounting records up to date and keep appraised of the financial position at all times.  Knowing the financial position will be the basis for planning the future.
  • If the company is failing to pay its debts as and when due and/or it is balance sheet insolvent, professional insolvency advice should be obtained immediately.  Be alert to the consequences of trading an insolvent limited liability company, as personal liabilities can arise.  
  • Ask the landlord for a rent free period, or a reduction in the rent.  If it is possible to terminate the current lease, consider new premises.  
  • Reducing staff overheads this could include, reduce working hours, ask staff to take voluntary unpaid leave, redundancies and avoid using employment agents.    
  • Negotiate longer periods of credit with creditors and if necessary negotiate time to pay arrangements.
  • Good credit control.  Limit the credit offered and ensure customers are financially sound.  
  • Ensuring the taxation affairs of the company are dealt with in the most efficient manner.
  • Factoring the book debts.
  • Changing suppliers, look for better prices and trading terms.  
  • Restructuring the company, which can involve downsizing or eliminating parts of the business or refinancing. Before restructuring, professional advice needs to be sought to undertake an in-depth review of the business operations and its financial position, to take into account commercial and legal constraints on any restructuring plan.   

The important rules for directors are to be aware of the financial position of the company at all times, and if unsure how to move forward seek advice immediately.  

The sooner a director identifies the financial difficulties the more options will be available.  

The view of many insolvency practitioners and insolvency lawyers is that this is the eye of the storm and companies and individuals should continue to tread cautiously until the UK economy becomes more stable. It is therefore prudent for company directors and individuals to remain cautious as to the future.  
 
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