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Legal 500 | 2020 Edition

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Company Administration

Administration is an option for a company which is under financial pressure from its creditors but where it is still potentially viable as an ongoing business. 

Administration will protect the company from hostile action by creditors while allowing the appointed licensed Insolvency Practitioner, acting as administrator, to take control of the company and assess its financial position.

How We Can Help | Our Insolvency Litigation Services

We understand that entering into Administration can be a stressful and highly pressurised situation.

We assist our clients through many types of insolvency issues and we use our experience to deliver fast, cost-effective solutions wherever possible.

Feel free to call us for an initial no obligation discussion:

We are able to offer an extensive range of insolvency litigation services to:

  • directors, creditors and floating charge creditors,
  • companies, and
  • Insolvency Practitioners

Our team of insolvency lawyers is experienced in advising in relation to a wide range of matters including:

  • The appropriateness of an administration
  • Assistance in the selection of a licensed Insolvency Practitioner
  • Advice on both pre-administration and during administration
  • Advice regarding Company Voluntary Arrangements (CVA)
  • Transactions defrauding creditors
  • Transactions at an undervalue
  • Wrongful Trading | Fraudulent Trading
  • Preferences
  • Retention of title issues
  • Misfeasance claims against company directors
  • Director disqualification

What is Administration?

Administration is a process which affords a company protection from its creditors while allowing either:

  • the reorganisation of the company as a going concern, or
  • the disposal of the company and its assets.

Administration is a temporary measure and not designed to be a long-term solution for the company.

A licensed Insolvency Practitioner:

  • is appointed as the Administrator to control and manage the company’s affairs and assets
  • will assess whether to restructure the company as a going concern or whether to sell the company and its assets
  • will aim to achieve a better result for the creditors than if the company had been placed into liquidation.

The usual reason for a company to enter into Administration is pressure from creditors chasing payment of outstanding debt and threatening a Winding Up Petition

Administration allows the company vital ‘breathing space’ preventing creditors from pursuing court action to recover any debts as it creates an automatic moratorium on pursuing or commencing legal proceedings.

Who appoints the Administrator?

The Insolvency Practitioner can be appointed by:

  • company members/shareholders,
  • company directors,
  • a floating charge holder (usually a Bank), or
  • the court.

Any floating charge holder has the final say in the appointment of the Administrator and has the power to replace any Administrator already appointed by the company or directors

What is the procedure for Administration?

  • A licensed Insolvency Practitioner is appointed as Administrator
  • The Administrator assesses the financial viability of the company and must communicate proposals to the creditors within eight weeks
  • There is a requirement for one or more of the company’s current or former directors to provide the Administrator with a Statement of Affairs detailing the assets and liabilities of the company.
  • The Administrator must send the Statement of Affairs to all creditors.
  • Within eight weeks, the Administrator provides the creditors with a Proposal and a copy is lodged at Companies House.
  • The creditors are then required to decide whether or not the Proposal is acceptable and at which time variations to the Proposal may be suggested.
  • The Administrator must keep all creditors apprised of the position via six monthly written reports until the Administration is concluded.

The benefits of Administration

  • The company is allowed to continue to trade.
  • A moratorium from creditors pursuing legal action which can prevent the immediate service of a Winding Up Petition/Compulsory Liquidation
  • Generally, it may lead to a better return for creditors compared to that which would arise under an immediate liquidation.
  • Valuable ‘breathing space’ to work out a viable business plan for the future without creditor pressure to contend with.
  • Allows potential restructuring of the company including the retention of profitable areas of the business and the disposal of other loss-making parts.

The drawbacks of Administration

  • Negative publicity. All suppliers, customers and any party dealing with the company will be aware of the Administration and potential insolvent nature of the company.
  • The business is no longer run on a day to day basis by the directors, who must cede all control and management to the Administrator. This can cause potential issues with existing relationships with customers/suppliers.

Two Alternatives to Administration:

1. Company Voluntary Arrangement (CVA) 

A CVA is effectively a formal payment plan to pay creditors while allowing the company to continue to trade.

Usual features include:

  • A monthly payment plan to pay creditors.
  • Creditors are prevented from taking legal action against the company.
  • A fixed term of repayments (usually a number of years) after which any remaining debt is written off.

The main benefit is the company is able to continue to trade after the CVA has come to an end free of its previous financial liabilities.

For more information on a CVA please visit our page.

  1. Creditors Voluntary Liquidation (CVL)

The level of debt may be such that the long-term future of the company as a going concern is not viable, even following a period of Administration and the moratorium which it provides preventing creditors from continuing or commencing any legal action.

In such circumstances, the directors may consider it prudent to enter into a CVL to prevent any creditor presenting a Winding Up Petition which could lead to compulsory liquidation.

For more information on a CVL please visit our page.

Who Can I Contact For Help? | Kangs Insolvency Solicitors

We welcome new enquiries by telephone or email.

Our team of expert lawyers is here to guide you in relation to any insolvency related issues including Administration, CVAs and CVLs.

We are happy to provide an initial no obligation confidential consultation at our offices in London, Birmingham or Manchester or via video conferencing facilities to explore the issues in your case and to provide an assessment of how we can assist you.

Contact

Mr Stuart Southall | Head of Insolvency Team
ssouthall@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Mr Tim Thompson
tthompson@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

Mr Naz Maqsoom
nmaqsoom@kangssolicitors.co.uk
0161 817 5020 | 0121 449 9888

 

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