As the government rolled back pandemic-related measures, company insolvencies have increased in the past few months.
No company wants to be put in a situation where they aren’t able to pay off their debts. But, it happens more often than you may imagine in countries all over the world.
Insolvency is a way to regulate and control the response to debt repayment. As such, insolvency laws are constantly changing to help businesses and consumers.
Keep reading below as we talk about what insolvency is, how it works, and what options a company has when they need help.
When Does a Company Become Insolvent?
Simply put, a company is insolvent after they are unable to pay their debts.
A company can also become insolvent if they have liabilities that are in excess of their assets. This means the entire company is not worth the amount that they owe.
These two types of insolvency are called cashflow insolvency and balance sheet insolvency.
Is Insolvency the Same as Bankruptcy?
Insolvency and bankruptcy both stem from companies that have economic or financial problems, but they are not the same thing.
Insolvency means that the company is experiencing financial distress or is expecting to experience financial problems in the near future.
Bankruptcy is a court order that tells an insolvent company how they are going to repay their debts. Even though the insolvent company can’t cover its debts and obligations, those lenders will still need payment.
What Are the Risks for Directors?
Directors of insolvent companies don’t owe their duties to shareholders but to the creditors.
It’s important for a director to consider all of their options carefully and talk to a specialist to get advice regarding the next steps. You can contact professionals at a company like https://companydoctor.co.uk to learn more about what sort of services they can offer to help.
If an insolvent company goes into liquidation or administration, directors can be sued if they continue to trade after the company reports insolvency. The conduct of the directors will also be reported to the Insolvency Service under the BEIS.
What Are the Main Options Available?
The main options that a company has when they are insolvent include administration, liquidation, restructuring, or moratorium.
Administration is when an administrator takes over with the goal of reorganizing the company altogether.
Liquidation is when assets of the company are placed under the control of a liquidator. This means that trading will cease, and assets are sold or distributed to creditors.
Restructuring will involve a company voluntary arrangement (CVA), restructuring plan, or scheme of arrangement. These are all agreements between the company and creditors about what the next action to take shall be.
In moratorium, companies are granted a specific amount of time to figure out what the next steps are. Creditors can’t take action against a company in moratorium.
Companies With Financial Concerns Can Choose Insolvency
If you think that your company could be dealing with insolvency soon, the best thing to do is talk to the professionals.
There are plenty of guidelines and safeguards in place to help companies make the right decision.
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