This document provides guidance for directors and shareholders dealing with a winding up petition against their company. It discusses the winding up process and offers advice on various questions that may arise, including: disputing debts, dealing with advertisement in the London Gazette, options if the company cannot pay creditors, possible rescue options like CVAs or starting a new company, representation in court, and letting the company enter compulsory liquidation. The overall aim is to help readers understand the formal legal process and consider their options.
The document discusses creditors voluntary liquidation (CVL), a process where insolvent company directors can close a company without court involvement. It describes the tests for insolvency, options if continuing to trade, and the formal CVL procedure which involves board and shareholder meetings to appoint a liquidator who will manage the orderly winding up of the company.
PMF Legal is a Sydney-based commercial law firm specializing in corporate and commercial law, with expertise in areas like insolvency, administration, and litigation. The firm has a strong record of successful outcomes for clients and has contributed to changes in legislation. It provides innovative, tailored legal advice to meet each client's objectives. PMF Legal is led by principal Paul Fordyce, an experienced commercial lawyer with accreditation in insolvency law.
Liquidation is the process of dissolving a company and distributing its assets to pay off debts or return funds to shareholders. It involves canceling business licenses, paying off creditors, selling off assets, and distributing any remaining funds according to ownership stakes. The liquidation process in the UAE requires appointing a liquidator, canceling employee visas, publishing liquidation notices, finalizing audits and obtaining clearance letters from relevant authorities. Completing the entire liquidation process takes around three months.
This document discusses various topics related to shares and issuing shares, including:
1. It defines different types of shares such as equity, preference, and sweat equity shares. It also discusses authorized, issued, subscribed, called up, paid up, and reserve capital.
2. Rules and regulations regarding issuing and redeeming preference shares, shares with differential voting rights, and sweat equity shares are covered.
3. The process of a company buying back its own shares, including the maximum amount that can be bought back and rules that must be followed, are summarized.
4. Key points about issuing shares at a premium or discount, bonus issues, and minimum subscription amounts are briefly outlined.
Shareholder agreement questionnaire final 060112Cummings
This document is a questionnaire from a law firm regarding issues to consider when drafting a shareholders' agreement. It contains over 30 questions across topics like share ownership and transfer restrictions, director appointments and meetings, shareholder consent requirements, non-competition clauses, valuation of departing shareholders' shares, and provisions for deadlock resolution. The law firm notes that not all questions will apply to every situation, and completing the questionnaire will help identify relevant issues to address in the shareholders' agreement tailored to the clients' individual circumstances.
Financial services mergers and acquisitionVidhya Kannan
Merchant bankers play an important role in mergers and acquisitions by acting as intermediaries between acquiring and target companies. They negotiate deal terms, conduct due diligence on company finances and assets, obtain necessary regulatory approvals, and ensure transactions follow applicable laws and regulations. Merchant bankers can represent either the selling company or acquiring company in a deal. Their services help protect shareholder interests and facilitate transactions at a fair valuation and payment terms.
This document contains questions and answers related to company accounts, cost and management accounting.
1. It provides true or false statements and identifies the correct answers regarding distributable profits, capital redemption reserve, underwriting commission, redemption of debentures issued at a discount, and the international accounting standard on inventories.
2. It identifies the correct answers for questions regarding the transfer of sinking fund account balance, crediting of interest on own debentures, preliminary expenses, unpaid dividend in the balance sheet, and use of share premium.
3. It rewrites sentences by filling in blanks regarding shares forfeited account, the issuer of IAS/IFRS, loss prior to incorporation, period for preserving
The document discusses creditors voluntary liquidation (CVL), a process where insolvent company directors can close a company without court involvement. It describes the tests for insolvency, options if continuing to trade, and the formal CVL procedure which involves board and shareholder meetings to appoint a liquidator who will manage the orderly winding up of the company.
PMF Legal is a Sydney-based commercial law firm specializing in corporate and commercial law, with expertise in areas like insolvency, administration, and litigation. The firm has a strong record of successful outcomes for clients and has contributed to changes in legislation. It provides innovative, tailored legal advice to meet each client's objectives. PMF Legal is led by principal Paul Fordyce, an experienced commercial lawyer with accreditation in insolvency law.
Liquidation is the process of dissolving a company and distributing its assets to pay off debts or return funds to shareholders. It involves canceling business licenses, paying off creditors, selling off assets, and distributing any remaining funds according to ownership stakes. The liquidation process in the UAE requires appointing a liquidator, canceling employee visas, publishing liquidation notices, finalizing audits and obtaining clearance letters from relevant authorities. Completing the entire liquidation process takes around three months.
This document discusses various topics related to shares and issuing shares, including:
1. It defines different types of shares such as equity, preference, and sweat equity shares. It also discusses authorized, issued, subscribed, called up, paid up, and reserve capital.
2. Rules and regulations regarding issuing and redeeming preference shares, shares with differential voting rights, and sweat equity shares are covered.
3. The process of a company buying back its own shares, including the maximum amount that can be bought back and rules that must be followed, are summarized.
4. Key points about issuing shares at a premium or discount, bonus issues, and minimum subscription amounts are briefly outlined.
Shareholder agreement questionnaire final 060112Cummings
This document is a questionnaire from a law firm regarding issues to consider when drafting a shareholders' agreement. It contains over 30 questions across topics like share ownership and transfer restrictions, director appointments and meetings, shareholder consent requirements, non-competition clauses, valuation of departing shareholders' shares, and provisions for deadlock resolution. The law firm notes that not all questions will apply to every situation, and completing the questionnaire will help identify relevant issues to address in the shareholders' agreement tailored to the clients' individual circumstances.
Financial services mergers and acquisitionVidhya Kannan
Merchant bankers play an important role in mergers and acquisitions by acting as intermediaries between acquiring and target companies. They negotiate deal terms, conduct due diligence on company finances and assets, obtain necessary regulatory approvals, and ensure transactions follow applicable laws and regulations. Merchant bankers can represent either the selling company or acquiring company in a deal. Their services help protect shareholder interests and facilitate transactions at a fair valuation and payment terms.
This document contains questions and answers related to company accounts, cost and management accounting.
1. It provides true or false statements and identifies the correct answers regarding distributable profits, capital redemption reserve, underwriting commission, redemption of debentures issued at a discount, and the international accounting standard on inventories.
2. It identifies the correct answers for questions regarding the transfer of sinking fund account balance, crediting of interest on own debentures, preliminary expenses, unpaid dividend in the balance sheet, and use of share premium.
3. It rewrites sentences by filling in blanks regarding shares forfeited account, the issuer of IAS/IFRS, loss prior to incorporation, period for preserving
Association Law - Compulsory Winding UpLolaa Azhar
There are 3 modes of compulsory winding up under the Companies Act 1965:
1) Application by the company via ordinary or special resolution of a general meeting or by the board of directors if time is of the essence.
2) Application by creditors when the company is unable to pay debts, requiring a valid debt be established.
3) Application by contributories, who are defined as members liable to contribute assets in winding up and holders of fully paid shares.
The compulsory winding up process begins upon filing a petition to the court and the court may refuse the petition if grounds are not met under section 218(1). Upon commencement, the company's property vests with the liquidator but the company
This document summarizes some of the key tax considerations when winding up a company. From the company's perspective, any assets sold will generate capital gains or losses, while distributions to shareholders are treated as proceeds for capital gains tax purposes. Shareholders must consider capital gains tax on distributions and may claim losses on shares. Entrepreneurs' relief may apply to shareholders if certain conditions are met. The timing of expenses, treatment of losses, loan interest relief, and pension contributions are also important factors to consider when winding up a company.
This document summarizes key provisions of the Indian Companies Act of 1956 related to winding up companies. It discusses winding up by the court, including circumstances for winding up by the court and deeming a company unable to pay debts. It covers commencement of winding up, powers of the court including staying proceedings, and consequences of a winding up order. It also discusses official liquidators, their appointment, and their role in winding up proceedings overseen by the court.
Llb ii cl u 4 winding up and corporate liabilityRai University
The document summarizes key aspects of winding up and corporate liability under Indian company law. It discusses the three methods of winding up a company: compulsory by court order, voluntary by members/creditors, and voluntary with court supervision. Compulsory winding up can be initiated for reasons like insolvency or shareholder complaint. Voluntary winding up is initiated by shareholder or creditor resolution. The roles of liquidators and official liquidators in managing the process are also outlined, along with distribution of assets according to priority of claims. Consequences of winding up include transfer restrictions and notice of discharge for officers.
Winding up of a company and Limited Liability Partnership (LLP)B.H. Loh & Associates
Winding up is a process where the company dissolve from the registration. We will guide you through on how to step by step to strike off from the registration.
The document discusses the winding up process of a company. It defines winding up as the process by which a company ends its operations and has its assets liquidated to pay debts. There are two types of winding up - compulsory, which is court-ordered, and voluntary. Voluntary winding up can be initiated by members or creditors, depending on the company's solvency. The liquidator oversees the collection of assets, payment of debts, and distribution of any surplus funds.
Winding Up of Companies According to Companies Ordinance 1984Muneeb Ahsan
This document discusses winding up, or dissolution, of a company. It can occur through either voluntary winding up or winding up by a court order. Voluntary winding up happens when a company's set time period or objectives are completed, or shareholders consent to dissolution. Winding up by court can occur if statutory requirements are not met or a company becomes insolvent. A liquidator is appointed to realize the company's assets and liabilities, pay off debts, and distribute remaining value to shareholders, closing the company's accounts upon completion.
This document discusses different types of company winding up processes in Malaysia. There are two main types: compulsory liquidation, which is initiated by a court order; and voluntary winding up, which can be initiated by shareholders or creditors. A members' voluntary winding up occurs when shareholders initiate winding up of a solvent company. A creditors' voluntary winding up occurs when directors initiate winding up of an insolvent company where assets are insufficient to pay debts. The document provides details on the procedures and definitions of these different types of company winding up.
The document discusses the process of winding up and dissolution of a company. It defines winding up as the final stage when a company ceases operations after all survival strategies have failed. A liquidator is appointed who takes control of the company from the board. There are three types of winding up - compulsory, members' voluntary, and creditors' voluntary. The registrar of companies can also strike off the name of defunct companies that are no longer operating from the register through a fast track exit process. The company can later apply for restoration within 20 years if required.
The document discusses the process of winding up a company in India. It involves collecting the company's assets, paying off debts, and ultimately dissolving the company. There are two main types of winding up - compulsory, initiated by the court, and voluntary, initiated by the company or creditors. An official liquidator oversees the process, taking control of assets and liabilities, convening meetings, and ultimately distributing funds to creditors according to a defined order of priority. The winding up process aims to settle all the company's affairs in an orderly manner.
Background of Company Law in England,
Background of Company Law in India,
Definition of Company,
Nature & Characteristics,
Features of Company,
Lifting the corporate veil,
Types of Companies,
Formation of a Company,
Memorandum & Article of Association,
Prospectus,
Share & Share Capita,
Company Management & Director,
Meetings,
Borrowing Powers,
Debentures & Charges,
Accounts & Auditors,
Prevention of oppression & Mismanagement,
Winding up,
The document discusses various aspects of winding up companies in Pakistan. It defines winding up as the process of dissolving a company by having its assets collected and realized to pay off debts, with any surplus returned to shareholders. There are different types of winding up, including compulsory by court order, voluntary, and supervision of voluntary winding up by the court. Those who can ask for winding up include the company, creditors, shareholders, registrar, and others authorized. The purposes of winding up are to examine accounts, liquidate assets, pay taxes/wages/debts in order of priority, ensure equal treatment of creditors, and distribute remaining property to members.
This document discusses the winding up process for companies in India. It defines winding up as the process of dissolving a company by closing down its business, selling off assets, paying creditors, and distributing any remaining assets to members. There are three main types of winding up: compulsory (by court order), voluntary by members, and voluntary by creditors. The key differences between member and creditor voluntary winding up relate to control, meetings, liquidator appointment, and powers of the liquidator. Relevant sections of Indian law governing winding up are also cited.
This document discusses types of winding up, the differences between compulsory and voluntary winding up, procedures for members' voluntary liquidation and creditors' voluntary liquidation, powers and duties of a liquidator, and priorities for distributing funds in winding up. It provides details on:
- Grounds and processes for compulsory (court-ordered) winding up versus voluntary winding up initiated by shareholders or creditors.
- Requirements and steps for members' voluntary liquidation when a company is solvent, and creditors' voluntary liquidation when insolvent.
- Acceptance of a liquidator's authority, their main functions of taking control of assets and distributing proceeds, and who can be appointed.
- Evidence and priorities for
Winding up/liquidation represents the last stage in a company's life where its assets are disposed of and debts are paid off from the proceeds. There are two modes of winding up - by the tribunal which can be compulsory, or voluntary winding up by members or creditors. Voluntary winding up involves passing an ordinary or special resolution to wind up and appointing a liquidator to dispose of assets and pay debts. The liquidator calls meetings, declares solvency, and dissolves the company once winding up is complete.
This document discusses the different modes of winding up a company according to the Indian Companies Act of 1956. It can be wound up through compulsory winding up by the court, members' voluntary winding up, or creditors' voluntary winding up. The document provides details on the procedures and requirements for each type of winding up. It explains key terms like compulsory winding up, contributory, liquidator, and their roles in the winding up process.
business
only obtaining
after incorporation
certificate
can
after
the
of
incorporation.
This document provides an introduction and definitions related to companies. It discusses:
1. A company is a legal entity formed by shareholders that allows for limited liability and is treated as a separate legal person.
2. Key characteristics of a company include being an incorporated association, having perpetual existence, transferable shares, separate legal personality, and limited liability.
3. There are several types of companies including public vs private companies, companies limited by shares or guarantee, and unlimited companies. Public companies have no limit on members and invite investment while private companies are limited to 50
Insolvent Liquidation - When and How it is Used #020K2Partners
The document discusses insolvent liquidation, which is a formal process to close a company that is insolvent and unable to pay its debts. It describes the tests used to determine if a company is insolvent, including if it fails to pay debts or its liabilities exceed its assets. The document outlines the voluntary and compulsory liquidation processes, including the roles of directors, shareholders, creditors and liquidators. It also notes that insolvency practitioners work for creditors rather than the company.
A Business in Difficulty Can Terminate its Property Leases and be Fair to Lan...K2Partners
This document discusses how struggling businesses can terminate unprofitable property leases while still being fair to landlords through methods like Company Voluntary Arrangements. It provides the example of retailer JJB, which closed 140 unprofitable stores through a CVA that paid landlords six months rent and bore business rates costs. CVAs allow negotiating lease terminations to focus on profitable operations and provide some payment, unlike liquidation. Courts ensure CVAs pass vertical and horizontal tests to treat landlords fairly compared to liquidation outcomes and other creditors.
Company Voluntary Arrangements (CVAs) and When to Use Them #022K2Partners
The document discusses Company Voluntary Arrangements (CVA) and when they should be used. A CVA allows a company to reschedule its debts over 3-5 years in a way that allows it to continue operating instead of closing down. It must be approved by 75% of creditors and demonstrate the business is viable. A CVA can help improve cash flow by removing financial obligations and easing creditor pressure, and should only be pursued with expert insolvency advice.
Dealing with the Bank When Considering a Company Voluntary Arrangement #019K2Partners
The document discusses banks freezing company accounts when undergoing restructuring such as a Company Voluntary Arrangement (CVA). It recommends companies communicate with their bank in advance to avoid account freezing during the CVA proposal period. Inexperienced banks may freeze accounts due to lack of understanding of CVA processes and fear of fraud. Early engagement allows banks to be reassured and avoid knee-jerk reactions that harm the company's ability to trade during restructuring.
Association Law - Compulsory Winding UpLolaa Azhar
There are 3 modes of compulsory winding up under the Companies Act 1965:
1) Application by the company via ordinary or special resolution of a general meeting or by the board of directors if time is of the essence.
2) Application by creditors when the company is unable to pay debts, requiring a valid debt be established.
3) Application by contributories, who are defined as members liable to contribute assets in winding up and holders of fully paid shares.
The compulsory winding up process begins upon filing a petition to the court and the court may refuse the petition if grounds are not met under section 218(1). Upon commencement, the company's property vests with the liquidator but the company
This document summarizes some of the key tax considerations when winding up a company. From the company's perspective, any assets sold will generate capital gains or losses, while distributions to shareholders are treated as proceeds for capital gains tax purposes. Shareholders must consider capital gains tax on distributions and may claim losses on shares. Entrepreneurs' relief may apply to shareholders if certain conditions are met. The timing of expenses, treatment of losses, loan interest relief, and pension contributions are also important factors to consider when winding up a company.
This document summarizes key provisions of the Indian Companies Act of 1956 related to winding up companies. It discusses winding up by the court, including circumstances for winding up by the court and deeming a company unable to pay debts. It covers commencement of winding up, powers of the court including staying proceedings, and consequences of a winding up order. It also discusses official liquidators, their appointment, and their role in winding up proceedings overseen by the court.
Llb ii cl u 4 winding up and corporate liabilityRai University
The document summarizes key aspects of winding up and corporate liability under Indian company law. It discusses the three methods of winding up a company: compulsory by court order, voluntary by members/creditors, and voluntary with court supervision. Compulsory winding up can be initiated for reasons like insolvency or shareholder complaint. Voluntary winding up is initiated by shareholder or creditor resolution. The roles of liquidators and official liquidators in managing the process are also outlined, along with distribution of assets according to priority of claims. Consequences of winding up include transfer restrictions and notice of discharge for officers.
Winding up of a company and Limited Liability Partnership (LLP)B.H. Loh & Associates
Winding up is a process where the company dissolve from the registration. We will guide you through on how to step by step to strike off from the registration.
The document discusses the winding up process of a company. It defines winding up as the process by which a company ends its operations and has its assets liquidated to pay debts. There are two types of winding up - compulsory, which is court-ordered, and voluntary. Voluntary winding up can be initiated by members or creditors, depending on the company's solvency. The liquidator oversees the collection of assets, payment of debts, and distribution of any surplus funds.
Winding Up of Companies According to Companies Ordinance 1984Muneeb Ahsan
This document discusses winding up, or dissolution, of a company. It can occur through either voluntary winding up or winding up by a court order. Voluntary winding up happens when a company's set time period or objectives are completed, or shareholders consent to dissolution. Winding up by court can occur if statutory requirements are not met or a company becomes insolvent. A liquidator is appointed to realize the company's assets and liabilities, pay off debts, and distribute remaining value to shareholders, closing the company's accounts upon completion.
This document discusses different types of company winding up processes in Malaysia. There are two main types: compulsory liquidation, which is initiated by a court order; and voluntary winding up, which can be initiated by shareholders or creditors. A members' voluntary winding up occurs when shareholders initiate winding up of a solvent company. A creditors' voluntary winding up occurs when directors initiate winding up of an insolvent company where assets are insufficient to pay debts. The document provides details on the procedures and definitions of these different types of company winding up.
The document discusses the process of winding up and dissolution of a company. It defines winding up as the final stage when a company ceases operations after all survival strategies have failed. A liquidator is appointed who takes control of the company from the board. There are three types of winding up - compulsory, members' voluntary, and creditors' voluntary. The registrar of companies can also strike off the name of defunct companies that are no longer operating from the register through a fast track exit process. The company can later apply for restoration within 20 years if required.
The document discusses the process of winding up a company in India. It involves collecting the company's assets, paying off debts, and ultimately dissolving the company. There are two main types of winding up - compulsory, initiated by the court, and voluntary, initiated by the company or creditors. An official liquidator oversees the process, taking control of assets and liabilities, convening meetings, and ultimately distributing funds to creditors according to a defined order of priority. The winding up process aims to settle all the company's affairs in an orderly manner.
Background of Company Law in England,
Background of Company Law in India,
Definition of Company,
Nature & Characteristics,
Features of Company,
Lifting the corporate veil,
Types of Companies,
Formation of a Company,
Memorandum & Article of Association,
Prospectus,
Share & Share Capita,
Company Management & Director,
Meetings,
Borrowing Powers,
Debentures & Charges,
Accounts & Auditors,
Prevention of oppression & Mismanagement,
Winding up,
The document discusses various aspects of winding up companies in Pakistan. It defines winding up as the process of dissolving a company by having its assets collected and realized to pay off debts, with any surplus returned to shareholders. There are different types of winding up, including compulsory by court order, voluntary, and supervision of voluntary winding up by the court. Those who can ask for winding up include the company, creditors, shareholders, registrar, and others authorized. The purposes of winding up are to examine accounts, liquidate assets, pay taxes/wages/debts in order of priority, ensure equal treatment of creditors, and distribute remaining property to members.
This document discusses the winding up process for companies in India. It defines winding up as the process of dissolving a company by closing down its business, selling off assets, paying creditors, and distributing any remaining assets to members. There are three main types of winding up: compulsory (by court order), voluntary by members, and voluntary by creditors. The key differences between member and creditor voluntary winding up relate to control, meetings, liquidator appointment, and powers of the liquidator. Relevant sections of Indian law governing winding up are also cited.
This document discusses types of winding up, the differences between compulsory and voluntary winding up, procedures for members' voluntary liquidation and creditors' voluntary liquidation, powers and duties of a liquidator, and priorities for distributing funds in winding up. It provides details on:
- Grounds and processes for compulsory (court-ordered) winding up versus voluntary winding up initiated by shareholders or creditors.
- Requirements and steps for members' voluntary liquidation when a company is solvent, and creditors' voluntary liquidation when insolvent.
- Acceptance of a liquidator's authority, their main functions of taking control of assets and distributing proceeds, and who can be appointed.
- Evidence and priorities for
Winding up/liquidation represents the last stage in a company's life where its assets are disposed of and debts are paid off from the proceeds. There are two modes of winding up - by the tribunal which can be compulsory, or voluntary winding up by members or creditors. Voluntary winding up involves passing an ordinary or special resolution to wind up and appointing a liquidator to dispose of assets and pay debts. The liquidator calls meetings, declares solvency, and dissolves the company once winding up is complete.
This document discusses the different modes of winding up a company according to the Indian Companies Act of 1956. It can be wound up through compulsory winding up by the court, members' voluntary winding up, or creditors' voluntary winding up. The document provides details on the procedures and requirements for each type of winding up. It explains key terms like compulsory winding up, contributory, liquidator, and their roles in the winding up process.
business
only obtaining
after incorporation
certificate
can
after
the
of
incorporation.
This document provides an introduction and definitions related to companies. It discusses:
1. A company is a legal entity formed by shareholders that allows for limited liability and is treated as a separate legal person.
2. Key characteristics of a company include being an incorporated association, having perpetual existence, transferable shares, separate legal personality, and limited liability.
3. There are several types of companies including public vs private companies, companies limited by shares or guarantee, and unlimited companies. Public companies have no limit on members and invite investment while private companies are limited to 50
Insolvent Liquidation - When and How it is Used #020K2Partners
The document discusses insolvent liquidation, which is a formal process to close a company that is insolvent and unable to pay its debts. It describes the tests used to determine if a company is insolvent, including if it fails to pay debts or its liabilities exceed its assets. The document outlines the voluntary and compulsory liquidation processes, including the roles of directors, shareholders, creditors and liquidators. It also notes that insolvency practitioners work for creditors rather than the company.
A Business in Difficulty Can Terminate its Property Leases and be Fair to Lan...K2Partners
This document discusses how struggling businesses can terminate unprofitable property leases while still being fair to landlords through methods like Company Voluntary Arrangements. It provides the example of retailer JJB, which closed 140 unprofitable stores through a CVA that paid landlords six months rent and bore business rates costs. CVAs allow negotiating lease terminations to focus on profitable operations and provide some payment, unlike liquidation. Courts ensure CVAs pass vertical and horizontal tests to treat landlords fairly compared to liquidation outcomes and other creditors.
Company Voluntary Arrangements (CVAs) and When to Use Them #022K2Partners
The document discusses Company Voluntary Arrangements (CVA) and when they should be used. A CVA allows a company to reschedule its debts over 3-5 years in a way that allows it to continue operating instead of closing down. It must be approved by 75% of creditors and demonstrate the business is viable. A CVA can help improve cash flow by removing financial obligations and easing creditor pressure, and should only be pursued with expert insolvency advice.
Dealing with the Bank When Considering a Company Voluntary Arrangement #019K2Partners
The document discusses banks freezing company accounts when undergoing restructuring such as a Company Voluntary Arrangement (CVA). It recommends companies communicate with their bank in advance to avoid account freezing during the CVA proposal period. Inexperienced banks may freeze accounts due to lack of understanding of CVA processes and fear of fraud. Early engagement allows banks to be reassured and avoid knee-jerk reactions that harm the company's ability to trade during restructuring.
Employing Restructuring Advisers to Help Save Your Company #003K2Partners
The document discusses finding and selecting business rescue advisers to help companies in financial difficulty. It recommends thoroughly vetting advisers to ensure they have suitable experience and consider more than just financial problems. An effective adviser will conduct a thorough review, develop a realistic forecast and business plan, and identify the right restructuring tools to support a viable business emerging from the rescue process. Their goal is to work with the company as part of the team to help a viable business survive difficult times.
Businesses Should Pay Down Debt and Avoid Offers That Seem Too Good to be Tru...K2Partners
The document discusses challenges businesses face with debt and offers advice. It warns that businesses desperate for loans should beware of offers that seem too good to be true from unscrupulous lenders. The author recommends businesses develop a credible debt repayment plan through options like debt reduction instead of taking on more debt. Desperate businesses are vulnerable but should seek proper restructuring advice rather than dubious sources if banks decline financing.
Many Companies for Sale turn out to be Insolvent #056K2Partners
The document discusses issues with companies being listed for sale that turn out to be insolvent. Many owners have been deceived into thinking their business is worth more than it is. However, due diligence often reveals the company has tax debts or is behind on payments to creditors and suppliers, making it insolvent. This leaves potential investors struggling to protect themselves if they acquire such a distressed company. The document recommends businesses for sale employ turnaround advisers to help structure a deal that addresses insolvency and protects buyers' interests.
Directors Could be Storing Up Trouble for Later by Sacrificing Their Pay and ...K2Partners
Directors may be hurting their companies and themselves by sacrificing pay during economic crises. While it seems a short-term solution, ongoing losses eventually lead to insolvency as happened with a construction company that cut pay but continued losing £60,000 per month. With negative equity, the directors then risked personal liability for company debts. Restructuring through turnaround advisers may be a better approach to cut costs and return the business to profitability, allowing directors to resume reasonable pay.
How to Protect Personal Guarantees when a Company is Insolvent #057K2Partners
The document discusses how to protect personal guarantees when a company is insolvent. It notes that directors often try to avoid triggering personal guarantees by continuing to run insolvent companies or seeking investment through brokers. However, due diligence usually reveals the insolvency issue and personal guarantees. The document recommends that directors work with restructuring advisers to have a plan in place, such as a CVA, to structure any sale or investment in a way that protects personal guarantees while still attracting interested buyers or investors.
Business Turnaround Process Involves Completing Three Phases #011K2Partners
The business turnaround process involves completing three phases - an emergency phase to ensure survival, a stabilization phase to implement fundamental changes and achieve viability, and a growth phase to secure the business's future. It is important to complete each phase before moving to the next by achieving clear objectives. A turnaround adviser can take an objective look at the business to establish essentials, propose cash flow solutions, and help strip it down to the minimum needed to achieve viability and profitability during the emergency phase.
Companies are Failing to Manage Debt Collection and Credit Terms #055K2Partners
The document discusses how many companies fail to properly manage debt collection and credit terms. It notes that companies risk insolvency by not actively managing late payments or bad debts. It also says that extending credit without credit checks can lead to taking on bad risks. The document provides recommendations for improving credit management, such as performing credit checks on new customers, regularly reviewing credit levels, and having robust invoicing and debt collection procedures.
Company strike off - also known as company dissolution - is the process of removing a company’s name from the register held at Companies House.
Once a company has been struck off – or dissolved – it will no longer exist as a legal entity and all trade will need to stop.
Financial distress and your safety net during COVID-19Redchip
Temporary changes to insolvency laws mean businesses have a safety net so they can resume normal operations once the crisis has passed. This includes an increase to the statutory demand limit (to $20,000), and extended protections for directors against personal liability for trading whilst insolvent.
This safety net, however, is due to expire on 24 September 2020 and businesses can then expect sudden and aggressive debt recovery measures from creditors including the ATO.
Please join our webinar with insolvency experts Robert Champney and
Rebecca Forsyth who will discuss with you:
Changes to occur from 25 September - statutory demands, bankruptcy notices, and obligations as a director;
Debt recovery options available to your clients to improve cash flow; and
“Red flags” that determine financial distress, what options are available to restructure, and the need for proactive conversations with your client and legal advisors
1) Voluntary liquidation can benefit companies by allowing owners to move forward after the process is complete more quickly than other types of liquidations.
2) A voluntary liquidation by shareholders avoids some of the drawbacks of creditors' voluntary liquidation, such as a longer timeline and oversight by a liquidator appointed by creditors.
3) However, voluntary liquidation also has disadvantages, such as potential fees for company directors if the business is found to have wrongfully claimed solvency. An alternative like an informal agreement with creditors may allow a business to continue operating.
PMF Legal is a Sydney-based commercial law firm specializing in corporate and commercial law, with expertise in areas like insolvency and restructuring. The firm has a strong track record of successful outcomes for clients and has contributed to changes in legislation through landmark court cases. Led by principal Paul Fordyce, an experienced insolvency specialist, PMF Legal provides innovative, tailored legal advice to meet each client's unique needs.
This information sheet provides general information on insolvency for directors whose companies are in financial difficulty, or are insolvent, and includes information on the most common forms of external administration.
HMRC Insolvency and Enforcement Workload #054K2Partners
The HMRC insolvency and enforcement department in Worthing appears to have an increasing workload due to businesses withholding tax payments, fewer approved payment plan arrangements, and failed existing payment plans. As a result, HMRC is issuing more Winding Up Petitions against companies, dominating the weekly court lists. The only options to halt a WUP are paying the full amount owed or proposing a Company Voluntary Arrangement, though companies often complain advisers failed to draft arrangements in time. More WUPs are expected following the May tax return deadline.
This document summarizes the services of Credebt, a provider of collection services to the insolvency, turnaround, and invoice finance markets. It offers 5 key services: 1) insolvency collections, 2) sales ledger audits, 3) turnaround/corporate collections, 4) advisory services, and 5) lead generation by referring struggling businesses to clients. Credebt aims to be the leading collection service provider in England and Wales and only charges fees on successful collections. It provides fast recovery cycles and high collection rates.
This document summarizes the services of Credebt, a company that provides collection services to the insolvency, turnaround, and invoice finance markets. It offers 5 key services: 1) insolvency collections, 2) sales ledger audits, 3) turnaround and corporate collections, 4) advisory services, and 5) lead generation by referring struggling businesses to clients for assistance. Credebt aims to be the leading provider in its markets through high collection rates, quick recovery cycles, and reciprocating leads with clients.
Similar to K2 Guide to Dealing with Winding Up Petitions #902 (20)
Manage Tax Payments with a Time To Pay Arrangement #004K2Partners
The document discusses the Time to Pay (TTP) scheme in the UK, which allows businesses struggling with cash flow issues to defer tax payments over a period of time. It notes that over 300,000 businesses have entered TTP arrangements since 2008, deferring over £5.2 billion in taxes. While the TTP is still available, some concerns have been raised that HMRC may be tightening eligibility criteria and reducing the length of payment plans. It is advised that businesses thoroughly review their finances with a business rescue advisor before entering a TTP to ensure long-term viability.
Successful Retail Business Models Can Overcome a Depressed Market #059K2Partners
The document discusses successful retail business models that have emerged during the economic downturn, focusing on three examples. It notes that retail decline is not inevitable if businesses think innovatively. The examples highlight models that reduce costs by partnering with existing outlets, providing online ordering access through nominal in-store stock, and teaming with local stores to stock goods and allow delivery. The document argues similar models could help larger retailers and restore village stores as community hubs.
Times are Tough for Commercial Landlords #069K2Partners
The document discusses the challenges facing commercial landlords in the current economic climate. It notes that many landlords have empty retail and office properties as tenants downsize or go out of business. This leaves landlords receiving no rent income but still liable for expensive business rates. Banks are also more stringent with commercial loans and reluctant to take on distressed property assets. As a result, many commercial landlords are struggling financially and facing pressure from creditors.
The Roller-Coaster that is Magazine Publishing #067K2Partners
The magazine publishing industry has experienced a difficult roller coaster ride in recent years due to declining print advertising revenues and increased costs. This has led to industry consolidation, with many titles being discontinued or sold off. While some publishers are attempting to transition to online and events, the decline in print revenue and rise in costs poses challenges to profitability and debt burdens threaten some companies. Innovation will be needed for publishers to survive and prosper in changing media environments.
Survival Sometimes Needs Fundamental Change #012K2Partners
We listen to business owners and propose survival and growth plans focused on protecting wealth. We work alongside management and focus on continuous improvement but also fundamental changes when needed. In a recent case, a manufacturing company facing low orders and high costs outsourced production and delivery to cut fixed costs and focus on developing good products, allowing more flexibility with variable costs. Fundamental changes can involve moving to simpler accounting systems when complex ones no longer fit needs.
Survival Sometimes Means Making Fundamental Change #012K2Partners
We listen to business owners and propose survival and growth plans focused on protecting wealth. We work alongside management and focus on continuous improvement but also fundamental changes when needed. In a recent case, we proposed outsourcing production and delivery to reduce expensive factory overheads and focus on developing good products. Fundamental changes can involve simplifying complex accounting systems to basics when turnaround is needed.
Working With Trades Unions to Promote Consensual Turnarounds #009K2Partners
The document discusses working with trades unions to promote consensual business turnarounds. It proposes involving union representatives early in the turnaround process to gain their input on options like reducing staff costs. Having unions involved in decision making helps ensure employees' interests are represented and makes implementing changes easier with union support. A recent successful turnaround is described where unions agreed to reduced hours in exchange for other benefits to reassure employees of the business's survival.
Is Your Business Structure Holding Back Your Success #013K2Partners
The structure of a business can hinder its growth if it is not flexible enough to adapt to changing needs. A business may need to be restructured to provide capacity for activities like building new factories. Restructuring can involve changes to operations like moving from an in-house distribution model to outsourcing delivery. Bringing in outside advisers to evaluate a business's model can help identify structural issues and enable changes to reduce costs and break-even points, allowing the business to survive downturns and grow.
HMRC's Assessment Criteria for a Time to Pay Arrangement for Revenue Arrears ...K2Partners
The document provides guidelines from HMRC on arrangements for businesses to pay tax arrears over time, known as Time to Pay arrangements. It outlines HMRC's assessment criteria, including that the repayment period will usually be no more than a year. It also notes two key conditions: that the business must have the means to make agreed payments and pay future tax on time. The document advises businesses seeking a Time to Pay arrangement to be honest about all debts and prepare financial information in case of a stressful phone call with HMRC.
HMRC Taking a Tougher Line on Debt Recovery #036K2Partners
HM Revenue and Customs (HMRC) is taking a tougher approach to collecting unpaid taxes by increasingly using its powers to seize business assets and prevent companies from continuing operations. HMRC officers recently levied the distraint power to seize all assets of a company just two hours after a rescue adviser was appointed. This hardline approach comes after rejection rates for late tax payment plans doubled in 2010. While HMRC had previously supported struggling businesses, it is now prioritizing collection of tax debts over keeping companies operating.
Employee Equity Can Improve the Chances of a Successful Restructuring #034K2Partners
The document discusses how giving employees equity in a company undergoing restructuring can improve the chances of a successful restructuring. It notes that retaining key employees is important but difficult when reducing costs. Involving employees in developing a restructuring plan and giving them a stake in the company's future success can lead to better outcomes than imposing decisions. Examples from other countries show employee representatives being involved in strategic decision making can move discussions from confrontational to consensual.
K2 Guide to Director Duties and Responsibilities #901K2Partners
This document is a guide for directors, executives, and advisers on directors' duties and responsibilities with an emphasis on business survival. It discusses key legislation governing directors' duties, outlines seven codified duties from the Companies Act 2006, and covers responsibilities, powers, liabilities, insolvency, and trading while insolvent. The guide was prepared by K2 Business Rescue to help directors navigate difficult financial times and obligations to act in the best interests of creditors if the company becomes insolvent.
Build a Flexible Business Model to Ensure Perpetual Survival #072K2Partners
The document discusses developing a flexible business model to ensure perpetual survival during uncertain economic times. It recommends examining cash commitments and converting fixed costs to variable ones to reduce overhead costs. The document also suggests regularly reviewing all payments and contracts to avoid unnecessary expenses and focus on profitable customers. Developing a flexible model that does not require cash payments if no cash is coming in can help businesses survive whatever economic circumstances may occur.
Are Government Insolvency Statistics Concealing the Number of Insolvent Compa...K2Partners
The document discusses government insolvency statistics in the UK and suggests they may be concealing the true number of insolvent companies. While official figures show a decline in corporate insolvencies, some experts argue this is because creditors other than HMRC are not currently pursuing winding up orders. The lower numbers may also be due to temporary measures that delay insolvencies rather than prevent them. The full impact on UK insolvencies may only become clear after the government's comprehensive spending review in October.
Construction in Crisis - Time for a Reconstruction #065K2Partners
The construction industry continues to struggle due to the economic crisis, with the high-profile UK construction company Holloway White Allom recently entering administration. While some construction sectors are faring better, public housing and works projects are declining. Those construction companies that restructured early in the recession to focus on surviving sectors and address debt issues have fared better. Companies currently facing bad debt or over-indebtedness would be wise to consider restructuring assistance.
A Significant Increase in Winding Up Petitions #047K2Partners
The document discusses a significant recent increase in the number of Winding Up Petitions (WUPs) being filed in the UK. Data shows that in March 2021 there were 429 WUPs filed, a 31% increase from the previous month. The number of compulsory liquidation orders is also trending upward after declining in previous quarters. The increase in WUPs is thought to be driven by creditors having less patience and wanting to secure their place in being paid debts as companies struggle with cash flow issues during the pandemic.
when will pi network coin be available on crypto exchange.DOT TECH
There is no set date for when Pi coins will enter the market.
However, the developers are working hard to get them released as soon as possible.
Once they are available, users will be able to exchange other cryptocurrencies for Pi coins on designated exchanges.
But for now the only way to sell your pi coins is through verified pi vendor.
Here is the what'sapp contact of my personal pi vendor
+12349014282
The Rise of Generative AI in Finance: Reshaping the Industry with Synthetic DataChampak Jhagmag
In this presentation, we will explore the rise of generative AI in finance and its potential to reshape the industry. We will discuss how generative AI can be used to develop new products, combat fraud, and revolutionize risk management. Finally, we will address some of the ethical considerations and challenges associated with this powerful technology.
^%$Zone1:+971)581248768’][* Legit & Safe #Abortion #Pills #For #Sale In #Duba...mayaclinic18
Whatsapp (+971581248768) Buy Abortion Pills In Dubai/ Qatar/Kuwait/Doha/Abu Dhabi/Alain/RAK City/Satwa/Al Ain/Abortion Pills For Sale In Qatar, Doha. Abu az Zuluf. Abu Thaylah. Ad Dawhah al Jadidah. Al Arish, Al Bida ash Sharqiyah, Al Ghanim, Al Ghuwariyah, Qatari, Abu Dhabi, Dubai.. WHATSAPP +971)581248768 Abortion Pills / Cytotec Tablets Available in Dubai, Sharjah, Abudhabi, Ajman, Alain, Fujeira, Ras Al Khaima, Umm Al Quwain., UAE, buy cytotec in Dubai– Where I can buy abortion pills in Dubai,+971582071918where I can buy abortion pills in Abudhabi +971)581248768 , where I can buy abortion pills in Sharjah,+97158207191 8where I can buy abortion pills in Ajman, +971)581248768 where I can buy abortion pills in Umm al Quwain +971)581248768 , where I can buy abortion pills in Fujairah +971)581248768 , where I can buy abortion pills in Ras al Khaimah +971)581248768 , where I can buy abortion pills in Alain+971)581248768 , where I can buy abortion pills in UAE +971)581248768 we are providing cytotec 200mg abortion pill in dubai, uae.Medication abortion offers an alternative to Surgical Abortion for women in the early weeks of pregnancy. Zone1:+971)581248768’][* Legit & Safe #Abortion #Pills #For #Sale In #Dubai Abu Dhabi Sharjah Deira Ajman Fujairah Ras Al Khaimah%^^%$Zone1:+971)581248768’][* Legit & Safe #Abortion #Pills #For #Sale In #Dubai Abu Dhabi Sharjah Deira Ajman Fujairah Ras Al Khaimah%^^%$Zone1:+971)581248768’][* Legit & Safe #Abortion #Pills #For #Sale In #Dubai Abu Dhabi Sharjah Deira Ajman Fujairah Ras Al Khaimah%^^%$Zone1:+971)581248768’][* Legit & Safe #Abortion #Pills #For #Sale In #Dubai Abu Dhabi Sharjah Deira Ajman Fujairah Ras Al Khaimah%^^%$Zone1:+971)581248768’][* Legit & Safe #Abortion #Pills #For #Sale In #Dubai Abu Dhabi Sharjah Deira Ajman Fujairah Ras Al Khaimah%^^%$Zone1:+971)581248768’][* Legit & Safe #Abortion #Pills #For #Sale In #Dubai Abu Dhabi Sharjah Deira Ajman Fujairah Ras Al Khaimah%^^%$Zone1:+971)581248768’][* Legit & Safe #Abortion #Pills #For #Sale In #Dubai Abu Dhabi Sharjah Deira Ajman Fujairah Ras Al Khaimah%^^%$Zone1:+971)581248768’][* Legit & Safe #Abortion #Pills #For #Sale In #Dubai Abu Dhabi Sharjah Deira Ajman Fujairah Ras Al Khaimah%^^%$Zone1:+971)581248768’][* Legit & Safe #Abortion #Pills #For #Sale In #Dubai Abu Dhabi Sharjah Deira Ajman Fujairah Ras Al Khaimah%^^%$Zone1:+971)581248768’][* Legit & Safe #Abortion #Pills #For #Sale In #Dubai Abu Dhabi Sharjah Deira Ajman Fujairah Ras Al Khaimah%^^%$Zone1:+971)581248768’][* Legit & Safe #Abortion #Pills #For #Sale In #Dubai Abu Dhabi Sharjah Deira Ajman Fujairah Ras Al Khaimah%^^%$Zone1:+971)581248768’][* Legit & Safe #Abortion #Pills #For #Sale In #Dubai Abu Dhabi Sharjah Deira Ajman Fujairah Ras Al Khaimah%^^%$Zone1:+971)581248768’][* Legit & Safe #Abortion #Pills #For #Sale In #Dubai Abu Dhabi Sharjah Deira Ajman Fujairah Ras Al Khaimah%^^%$Zone1:+971)581248768’][* Legit & Safe #Abortion #Pills #For #Sale In #Dubai Abu Dhabi Sharjah Deira Ajman
Independent Study - College of Wooster Research (2023-2024) FDI, Culture, Glo...AntoniaOwensDetwiler
"Does Foreign Direct Investment Negatively Affect Preservation of Culture in the Global South? Case Studies in Thailand and Cambodia."
Do elements of globalization, such as Foreign Direct Investment (FDI), negatively affect the ability of countries in the Global South to preserve their culture? This research aims to answer this question by employing a cross-sectional comparative case study analysis utilizing methods of difference. Thailand and Cambodia are compared as they are in the same region and have a similar culture. The metric of difference between Thailand and Cambodia is their ability to preserve their culture. This ability is operationalized by their respective attitudes towards FDI; Thailand imposes stringent regulations and limitations on FDI while Cambodia does not hesitate to accept most FDI and imposes fewer limitations. The evidence from this study suggests that FDI from globally influential countries with high gross domestic products (GDPs) (e.g. China, U.S.) challenges the ability of countries with lower GDPs (e.g. Cambodia) to protect their culture. Furthermore, the ability, or lack thereof, of the receiving countries to protect their culture is amplified by the existence and implementation of restrictive FDI policies imposed by their governments.
My study abroad in Bali, Indonesia, inspired this research topic as I noticed how globalization is changing the culture of its people. I learned their language and way of life which helped me understand the beauty and importance of cultural preservation. I believe we could all benefit from learning new perspectives as they could help us ideate solutions to contemporary issues and empathize with others.
Abhay Bhutada, the Managing Director of Poonawalla Fincorp Limited, is an accomplished leader with over 15 years of experience in commercial and retail lending. A Qualified Chartered Accountant, he has been pivotal in leveraging technology to enhance financial services. Starting his career at Bank of India, he later founded TAB Capital Limited and co-founded Poonawalla Finance Private Limited, emphasizing digital lending. Under his leadership, Poonawalla Fincorp achieved a 'AAA' credit rating, integrating acquisitions and emphasizing corporate governance. Actively involved in industry forums and CSR initiatives, Abhay has been recognized with awards like "Young Entrepreneur of India 2017" and "40 under 40 Most Influential Leader for 2020-21." Personally, he values mindfulness, enjoys gardening, yoga, and sees every day as an opportunity for growth and improvement.
BONKMILLON Unleashes Its Bonkers Potential on Solana.pdfcoingabbar
Introducing BONKMILLON - The Most Bonkers Meme Coin Yet
Let's be real for a second – the world of meme coins can feel like a bit of a circus at times. Every other day, there's a new token promising to take you "to the moon" or offering some groundbreaking utility that'll change the game forever. But how many of them actually deliver on that hype?
"Does Foreign Direct Investment Negatively Affect Preservation of Culture in the Global South? Case Studies in Thailand and Cambodia."
Do elements of globalization, such as Foreign Direct Investment (FDI), negatively affect the ability of countries in the Global South to preserve their culture? This research aims to answer this question by employing a cross-sectional comparative case study analysis utilizing methods of difference. Thailand and Cambodia are compared as they are in the same region and have a similar culture. The metric of difference between Thailand and Cambodia is their ability to preserve their culture. This ability is operationalized by their respective attitudes towards FDI; Thailand imposes stringent regulations and limitations on FDI while Cambodia does not hesitate to accept most FDI and imposes fewer limitations. The evidence from this study suggests that FDI from globally influential countries with high gross domestic products (GDPs) (e.g. China, U.S.) challenges the ability of countries with lower GDPs (e.g. Cambodia) to protect their culture. Furthermore, the ability, or lack thereof, of the receiving countries to protect their culture is amplified by the existence and implementation of restrictive FDI policies imposed by their governments.
My study abroad in Bali, Indonesia, inspired this research topic as I noticed how globalization is changing the culture of its people. I learned their language and way of life which helped me understand the beauty and importance of cultural preservation. I believe we could all benefit from learning new perspectives as they could help us ideate solutions to contemporary issues and empathize with others.
K2 Guide to Dealing with Winding Up Petitions #902
1.
K2 Partners (Rescue) Ltd 2012
A Practical Guide for Directors and Shareholders
prepared by
K2 Business Rescue
a trading name of
K2 Partners (Rescue) Limited
Winding Up Petition Guide
how to deal with one
1. INTRODUCTION
This Guide has been prepared in order to assist you if you are a director or shareholder of a Company
that has received a Winding Up Petition. We always recommend that you seek professional advice
when dealing with a Winding Up Petition as this Guide cannot provide all the answers. It is however
intended to cover the basics and help you understand the process.
Dealing with a Winding Up Petition (Petition) requires you to understand a formal High Court process
as well as understanding insolvency legislation. The process is highly procedural and very different to
County Court actions that you might be familiar with if you have dealt with a Money Claim or Contract
Dispute. Specifically the Hearing of a Petition is not a procedure for resolving disputes over the
amount due, although it can be adjourned while a disputed debt is dealt with.
This Guide is merely for illustrative purposes and neither the authors, and contributors nor K2
Business Rescue can be held liable for its content.
We recommend you read this Guide in conjunction with the publication produced by the Insolvency
Service called ‘Dealing with Debt: How to wind up a company that owes you money’. This is a free via:
http://www.bis.gov.uk/assets/bispartners/insolvency/docs/publication-word/companyowes. Although
this download deals with someone seeking to Wind Up a company, it will help you understand the
process albeit from the Petitioning Creditor’s point of view.
2. WINDING UP PETITION
If your Company has received a Winding Up Petition (Petition) we recommend you should in the first
instance carry out a business and financial review of your Company. You need to establish whether it
is viable, which in most circumstances means profitable with positive cash flow, or that it will be viable
providing sufficient funds are provided or it can be restructured. You should not put your own money
or indeed anyone else’s into the Company without establishing that it can be repaid in the future.
Having carried out a review you can then consider the Realistic Options and then decide which is your
Desired Outcome when dealing with the Winding Up Petition.
Tony Groom
K2 Business Rescue
64 Lower Sloane St, London SW1W 8BP
tel 020 7720 8000
tel 0844 80 40 540
www.rescue.co.uk
2. Winding Up Petition Guide
K2 Partners (Rescue) Ltd 2012 Fourth Edition
We recommend that independent advice is obtained when carrying out a business and financial
review. This is to give you an objective opinion on the Realistic Options and provide assistance with
preparing a plan for the Company that achieves your Desired Outcome for surviving the Petition. Your
advisers should be familiar with trading insolvent companies, alternative insolvency procedures and
dealing with Petitions. The plan needs to show that your Company is viable as well as how the Petition
should be dealt with.
In some instances your Company may only need help with a short-term cash flow problem, in others
you may need to consider Rescue Options for an insolvency procedure that saves your Company or
saves the business, and finally you should also be aware that there are circumstances when it may be
better to let the Company go into Compulsory Liquidation.
The Rescue Options for saving your Company or saving the business include a Company Voluntary
Arrangement (CVA), a trading Administration, a Phoenix via a Pre-Packaged Administration (Pre-
Pack) or a Phoenix via Creditors Voluntary Liquidation. These Rescue Options are referred to later in
this Guide and explained in greater detail in other Guides that are available free either via:
www.rescue.co.uk or from K2 Business Rescue.
We wish to emphasise that you should not just pay off the Petitioning Creditor without a business and
financial review and being aware of a number of pitfalls. One pitfall is that if another creditor becomes
aware of the Petition then they can take over the Petition and you are faced with having to pay them
as well in order to have the Petition dismissed.
For the above reason we recommend that you seek advice when dealing with a Petition. The following
questions are intended to help you both find the right advice and remove some of the fear that
characterises the process of dealing with a Petition.
Please note that a Winding Up Order can be made if your Company owes the Petitioning Creditor
more than £750 of undisputed debt, whether or not the amount claimed in the Petition is wrong.
3. QUESTIONS & ANSWERS
Q1 - My Company has received a Winding Up Petition, what do I do?
We recommend that you immediately seek professional advice.
You must take action as doing nothing is not an option.
If you do nothing, the Court is most likely to grant a Compulsory Winding Up Order which means your
Company will be placed into Compulsory Liquidation and an Official Receiver will be appointed as the
first Liquidator. The Company which will be forced to cease trading and your staff will be made
redundant (see Q10) as the appointed Official Receiver will not trade the Company.
If you dispute the debt then it is your responsibility to tell the Petitioning Creditor and the Court (see
Q2). If you have not resolved the dispute before the Hearing then the Court will give directions on how
it is to be resolved (see Q11).
If you do not dispute the debt but you wish to continue to trade you must make arrangements with the
Petitioning Creditor to satisfy the debt.
2
3. Winding Up Petition Guide
K2 Partners (Rescue) Ltd 2012 Fourth Edition
Q2 - I dispute the debt claimed in the Winding Up Petition
You should immediately inform the Petitioning Creditor and their solicitor that you dispute the debt
giving them your reasons and requesting that they withdraw the Petition and refrain from Advertising it
in the London Gazette.
If they refuse to withdraw the Petition you should consider applying to Court for an injunction to
prevent them from Advertising the Petition. The reason being is that its Advertisement is likely to be
picked up by your bank and your bank account being frozen (see Q4).
If you have not resolved the dispute before the Hearing then you can defend the Petition as part of the
Petition process whereby the Court will give directions on how it is to be resolved (see Q11).
Q3 - What is the London Gazette?
The London Gazette is a daily newspaper produced by the Government which advertises Petitions,
details of other Insolvency proceedings, planning applications and other Government business.
The key point is that it is monitored by the banks, debt collecting agencies, HM Revenue & Customs
(HMRC) and other creditors. It can be checked via: http://www.london-gazette.co.uk/.
Q4 - What is the effect of the Advertisement in London Gazette?
When your bank becomes aware of the Petition it will freeze your Company’s bank account. This will
stop you making any payments to suppliers, staff and other creditors. One effect of the account being
frozen is that it will prevent you from paying the Petitioning Creditor out of funds in the account.
The only way of making payments from the bank once it is frozen is by obtaining a Validation Order
(see Q12).
If another creditor, in particular HMRC, see the Advertisement they can support the Petitioning
Creditor or if you pay the Petitioning Creditor they can adopt (take over) the Petition (see Q6).
You can apply to Court for an injunction to prevent the Advertising of the Petition.
Once a Petition has been advertised it cannot be withdrawn, even if the Petitioning Creditor has been
paid. Advertising the Petition means that it will still be heard on the advertised date and other creditors
can turn up to adopt the Petition having given little notice of their intention to do so.
Q5 - What happens if I pay the Petitioning Creditor?
You need to ensure that you have agreed a full and final settlement which should include payment of
agreed legal costs. If you cannot agree the legal costs you must pay the principle amount owing and
get the Court to assess the legal costs.
3
4. Winding Up Petition Guide
K2 Partners (Rescue) Ltd 2012 Fourth Edition
We always recommend that you attend the Petition Hearing to ensure that it is dismissed.
Be aware that if the Petition has been Advertised then another creditor who is able to issue a Petition
against the Company can adopt (take over) the Petition. This is referred to as a Change of Carriage.
Q6 - If I pay the Petitioning Creditor, can another Creditor turn up in Court?
Any other creditor who is able to issue a Petition against the Company can adopt (take over) the
Petition albeit with the consent of the Court. As with the Petitioning Creditor, getting the Petition
dismissed will involve this Creditor having to be paid in full plus their legal costs.
For this reason, it can be dangerous to pay the Petitioning Creditor without carrying out a review of the
business and its financial circumstances.
If you do pay the Petitioning Creditor then you should ensure the Petition is not Advertised to minimise
the risk of anyone else finding out about it.
Q7 - What do I do if I cannot pay all my Creditors as and when they fall due?
You should in the first instance carry out a business and financial review of your Company. You need
to establish whether it is viable, which in most circumstances means profitable with positive cash flow,
or that it will be viable providing sufficient funds are provided or it can be restructured. In such
circumstances you should consider one of the Rescue Options in order to save your Company or your
business (see Q8).
If however your Company is not viable you should seek advice from an insolvency practitioner who will
go through your options with view to considering the best interests of creditors which might be
achieved through Administration or Creditors Voluntary Liquidation. If in doubt you should cease
trading and allow the Company to go into Compulsory Liquidation.
Q8 - What are the Rescue Options that are available to save the business?
Assuming that you have established the Company cannot pay its debts as and when they fall due in
the first instance you should establish if the Company can either raise sufficient cash to pay the
Petitioning Creditor or generate sufficient profits over say a 5 year period in order to pay Creditors a
dividend (some of the money owed) over that period.
Rescheduling the payment of all your Company’s liabilities including the amount owed to the
Petitioning Creditor can be achieved through a Company Voluntary Arrangement (CVA) (see Q16).
Essentially a CVA involves reaching agreement with 75% (by value) of creditors, normally for payment
of all or part of the amount owed, so as to allow the Company to continue trading. The agreement of
75% of creditors will bind all the creditors so you don’t need to get everyone to agree, including
vexatious creditors and the Petitioning Creditor providing the requisite 75% majority (by value) agree.
4
5. Winding Up Petition Guide
K2 Partners (Rescue) Ltd 2012 Fourth Edition
While any terms can be proposed, they should be both realistic and reasonable and are normally
supported by forecasts that justify the offer. A CVA can be pursued while the Petition is outstanding
such that once a CVA is approved, then the Petition will be dismissed at the next Petition Hearing.
You should seek professional advice if you want to pursue a CVA.
If however the business cannot make a realistic and reasonable offer to creditors, perhaps due to
insufficient profits or a lack of certainty about the future business, you may wish to start another
company and purchase the Assets from either a Liquidator, Administrator or via a Pre-Packaged
Administration (Pre-Pack). The new company is also referred to as a Phoenix Company.
While creditors such as the bank or a lender might introduce advisers to you, you are advised to seek
impartial advice so you can consider all the Rescue Options.
Given that saving your business is likely to involve continuing to trade, you may refer to K2’s Directors
Guide to Directors’ Duties and Responsibilities which is available free either via: www.rescue.co.uk or
from K2 Business Rescue.
4. COMPANIES COURT WINDING UP PROCEDURE
Before the Court Hearing you should take advice, consider your Realistic Options and establish your
Desired Outcome depending upon which route you wish to pursue.
If you are not familiar with the Court Procedure we recommend that you seek legal advice to help you
prepare for the Court such as drafting and filing any documents and arranging for you to be
represented if this is necessary.
The Court is normally presided over by a Bankruptcy Registrar in London or a District Judge outside
London. A Bankruptcy Registrar is essentially a judge sitting by him or herself in the Insolvency Court
and you are advised to address him or her as “Sir” or “Madam”.
The Court is normally ‘robed’ which means that barristers must wear gowns and wigs, and solicitors
must wear gowns.
While the Petition is listed for a given time, this is when the Court session starts and it is normally one
of hundreds of Petitions that are heard during the same Court session. Each Petition is called by the
Court Clerk in numerical order. If your Petition is due to the heard in London at the Royal Courts of
Justice then you can check where it is on the list via: http://www.justice.gov.uk/courts/court-lists/list-
companies-winding-up.
When your Petition is called, the Petitioning Creditor’s representative, normally a barrister and your
Company’s representative, either you as a director or your barrister both stand. If, as is often the case,
you are already standing at the back of the Court, then you should step forward so the Registrar sees
you.
The Petitioning Creditor’s representative begins and makes his/her request, for either the Usual
Compulsory Order or for an Adjournment if previously agreed. You or your representative then state
your name and role in the Company and make your request, which will be for your Desired Outcome.
The Registrar will refer to documents in the Court Petition file, he/she may then ask questions and
he/she will then make a decision which is final (see Section 5 – Hearing Outcomes). It can all take
seconds.
5
6. Winding Up Petition Guide
K2 Partners (Rescue) Ltd 2012 Fourth Edition
Please be aware that no documents can be handed to the Registrar during the Court or indeed just
before the Court. It normally takes 5 days for any documents to reach the relevant Court file so they
are available during the Petition Hearing.
Q9 - Who can Represent my Company in Court?
The only people who can represent a Company in the Companies Winding Up Court are either a
director, a solicitor, a barrister or someone who is properly appointed by the directors and notified to
the Court 5 days in advance. For the avoidance of doubt, neither an Insolvency Practitioner nor an
Accountant, even if they are the Company’s Accountant, has the right to represent a Company in
Court without prior notice.
The Court is normally ‘robed’ which means that barristers must wear gowns and wigs, and solicitors
must wear gowns. If they turn up improperly dressed they may not be heard.
Only a solicitor can instruct a barrister to represent your Company at a Petition Hearing although once
appointed the barrister can discuss the Hearing and Desired Outcomes with you as a director. Be
aware that a barrister is likely to be representing other Companies during the same Court and
therefore he/she may not have much time to advise or discuss tactics and will normally rely on the
instructions received from your solicitor.
If you as a director represent your Company, then you can be assisted by an advisor, but only you can
speak. In some instances during the Court, but only at the sole discretion of the Registrar, your
advisor may be allowed to speak but you should assume that they have no right to be heard.
It is therefore essential that you or your representative are fully aware of your Company’s financial
situation, your Desired Outcomes and Court Protocol.
Q10 – Can I just let the Company go into Compulsory Liquidation?
There is nothing you need to do. Provided the Petitioning Creditor’s paperwork is in order then the
Court will grant a Winding Up Order for the Company to be placed into Compulsory Liquidation.
You will then be contacted by the Official Receiver who will want to get control of the Company’s
assets and will send a Questionnaire and summon you to a meeting. You should take the completed
Questionnaire with the Company’s accounting records and Company Secretarial files to the meeting
with the Official Receiver. During the interview he/she will look into the reasons for the insolvency of
the Company and what has happened to its assets.
You are advised to seek professional advice when completing the Questionnaire. You and your
advisers should ensure the Company’s accounting records are up to date and that all Dividends that
were declared were legal and that the Directors Loan account, if there is one, is correctly stated.
6
7. Winding Up Petition Guide
K2 Partners (Rescue) Ltd 2012 Fourth Edition
Q11 – Can I Challenge the Petition?
Please refer to Question 2. If the Petitioning Creditor does not agree to withdraw you should lodge
your defence in Court at least 5 days before the Hearing. Your defence should include detail and
evidence to support your challenge of the Claim referred to in the Petition.
If there is an undisputed portion of the Claim then this should be paid with costs.
If you have not submitted a defence in writing before hand, the Court is unlikely to hear the grounds
for your challenge at the first Hearing, normally asking that the dispute be resolved before an
adjourned second Hearing.
If the dispute is not resolved then Directions will be given by the Registrar. Directions involve you
being instructed to file your defence with the Court and a copy to the Petitioning Creditor by a given
date, normally within 14-28 days. This will be followed by time for the Petitioning Creditor, normally
14-28 days, to file their response to your defence. Then time will be allowed for a pre-trial review and
listing certificates to assess the Court time needed for a trial to be held.
During the Directions process the Parties may agree the Claim and terms for settlement or if followed
through to the end of the Directions process then judgment on the amount of claim will be entered.
During the Directions process, the Petition is suspended pending judgement, after which it will be
relisted.
During the Directions Process your bank is likely to remain frozen and you will need a separate
hearing for a Validation Order to unfreeze the account or release funds to meet ongoing liabilities.
Q12 - What is a Validation Order?
If your Company’s bank account has been frozen, you will need to apply for a Validation Order to
authorise the bank to release funds so you can make payments from the frozen account.
You should make the application for a Validation Order to the same Court where the Petition is being
heard and also serve it on the Petitioning Creditor. It should include a statement of affairs, cash flow
forecast and list of the proposed payments with justification as to why they should be paid.
The Court will need to be persuaded that making these payments will be beneficial to both the
Company and other creditors, i.e. there will not be a dilution of assets. A Validation Order is normally
only granted if you can persuade the Court that the Petition will be dismissed, normally because the
Company is solvent or is likely to reach agreement for a CVA. Evidence of support for a CVA can be
shown by providing letters of support from major creditors.
You should be aware that if the Petition results in a Winding Up Order being made, the disposal of any
assets after the date of presentation of the Petition (often a month or two before the Hearing) is void. It
void whether or not a Validation Order has been made. Therefore any application for a Validation
Order may need to take this into account and in some circumstances such as the disposal of a fixed
asset after presentation of the Petition one may be needed even when a Winding Up Order is made.
You are advised to seek help with preparing and submitting the application for a Validation Order.
7
8. Winding Up Petition Guide
K2 Partners (Rescue) Ltd 2012 Fourth Edition
Q13 – Can I get time to pay the Debt?
You are advised in the first instance to reach agreement with the Petitioning Creditor over terms for a
payment plan and for them not to Advertise the Petition. Note that once it is Advertised the bank may
freeze the account and other creditors can become aware of the Petition.
Provided you can agree payment terms, you should also agree terms for the Petition to be dismissed
as the Court rarely allows for adjournments to support payment plans that are longer than 12 weeks.
Q14 – What can I do if the Petitioning Creditor will not allow further time to settle the debt?
If you are unable to pay the Petitioning Creditor, you can ask the Court for time to pay. Whilst it is at
the discretion of the Court, the Court will usually allow the Company time to pay or reach agreement
over terms for payment. If agreed in advance with the Petitioning Creditor the Court will usually
adjourn for up to 12 weeks, without agreement it is likely to adjourn for only 6 weeks. Further
adjournments will be harder to get unless you can show good reason for them being granted.
Q15 – What are my Options if I need more than 6 weeks to settle the debt?
If you cannot settle the debt within a longer time period agreed with the Petitioning Creditor you have
no option but to enter a formal insolvency procedure.
You can allow the Petition to succeed and let the Company go into Compulsory Liquidation, or if you
want to avoid this your options are:
a. Company Voluntary Arrangement to allow the Company to continue trading; or,
b. Administration, whether trading, non-trading or Pre-Pack; or,
c. Creditors Voluntary Liquidation.
Q16 – How can I save my Company via a Company Voluntary Arrangement (CVA)?
A CVA involves reaching agreement with creditors over payment terms so as to allow the Company to
continue trading. The process of reaching agreement for a CVA involves proposals that are submitted
to the Company’s creditors for their approval.
The proposals are prepared by you and the other directors. To prepare them you will need
professional advice and you should know that not all Insolvency Practitioners and Advisors are familiar
with CVAs so you will need to choose your Advisors carefully.
While any payment terms can be proposed, they should be realistic and reasonable and are normally
supported by forecasts that show the Company is viable and justify the offer of payment.
8
9. Winding Up Petition Guide
K2 Partners (Rescue) Ltd 2012 Fourth Edition
Once your proposals have been drafted they will be lodged in Court and then sent out to Creditors
along with a Nominee’s report that is drafted by a Licensed Insolvency Practitioner. Approval requires
at least 75% (by value) of those Creditors who vote in respect on the proposals. If the voting Creditors
include directors, shareholders or their families then a second vote will be required to check that
proposals are approved by at least 50% (by value) of the non-associated Creditors.
Once a CVA is approved, then the Petition will be dismissed when it is next listed for Hearing.
Please note that whilst a CVA process is taking place it may be necessary to obtain adjournments of
the Petition. You should be aware that the Courts are reluctant to grant further adjournments and
therefore need to see evidence that a CVA is being pursued. You should therefore ensure that a copy
of the CVA Proposal and Nominee’s report is filed in Court at least 5 days before a Hearing and any
subsequent Notices of Creditors’ Meetings are also lodged with the Court.
Q17 – My Company is viable so can I continue trading after it has been Wound Up?
Assuming that a CVA is not possible, your Company usually cannot continue to trade unless in
Administration. However your business can survive as a Phoenix by trading through a new or different
Company.
A Phoenix involves you buying the assets from the Official Receiver, Administrator or Liquidator
whichever is appointed. They will normally have the assets independently valued or appoint Agents to
sell them. It will be for you and your new Company to agree a price with them to buy the assets and
you need to know that they have an obligation to sell to the highest bidder and may well want to
expose the assets to the market.
If however you do want to “Phoenix” the business then we would recommend that you appoint a
Licensed Insolvency Practitioner prior to the Petition Hearing so that the Company can either go into
Administration or Voluntary Liquidation as these routes are quicker and easier if you want to buy the
assets. We would also recommend that you appoint your own Advisors as there are a number of
pitfalls and issues relating to buying assets and continuing the trade of a business through a different
Company to the Company that is in Administration or Liquidation.
One major issue to be aware of and where specific advice will be needed relates to the use of
Restricted Names. A Restricted Name is any name including trading names and Domain Names that
are the same or similar to ones used by the insolvent Company.
9
10. Winding Up Petition Guide
K2 Partners (Rescue) Ltd 2012 Fourth Edition
5. HEARING OUTCOMES
Dismiss the Petition
The Petition may be dismissed on a number of grounds:
Agreement with Petitioning Creditor that the debt has been paid, or is not due or agreement
over payment has been reached;
Petitioning Creditor fails to turn up or is not represented in Court;
Petitioning Creditor fails to advertise the Petition or is in breach of time limits or rules relating
to the advertising, filing or serving of the Petition;
A CVA has been approved;
The Company has been placed in Creditors Voluntary Liquidation although you should be
aware that this is at the discretion of the Court and can be challenged by the Petitioning
Creditor.
An Order for Dismissal of the Petition may include other terms such as:
With or Without Costs;
Costs as an expense in the CVA or CVL;
Dispense with the need to amend the Petition;
Dispense with the need to Advertise the Petition in the London Gazette.
Adjourn the Hearing
The Petition may be adjourned (stood over) on a number of grounds:
Agreement with Petitioning Creditor for any number of reasons;
Petition papers are not in order;
For ‘Returns and Settlement’ to allow time to file outstanding returns and pay the undisputed
amount. This is common when the Petition Debt is based on assessment by HMRC due to
as outstanding PAYE, VAT or Corporation Tax returns;
Payment/ settlement of the Petition Debt;
CVA Proposal to allow time for proposals and to convene or adjourn meetings of creditors;
CVL to allow time to convene a s98 meeting of creditors to place the Company in Voluntary
Liquidation;
Agree/ resolve a dispute or conclude negotiations;
Substitution to allow another Creditor to adopt (take over) the Petition in the event that the
Petitioning Creditor withdraws for whatever reason.
Adjournment of the Petition may include other terms such as:
Amend the Petition, to correct errors;
Advertise the Petition in the London Gazette;
Verify, to clarify evidence of service of the Petition;
Re-serve the Petition;
Waive defects;
Marked Final, to make it clear that there should be no further adjournments.
10
11. Winding Up Petition Guide
K2 Partners (Rescue) Ltd 2012 Fourth Edition
Suspend the Petition
The Petition may be suspended or dismissed following appointment of an Administrator.
The Petition is effectively suspended during the Directions process.
Compulsory Order to Wind Up the Company
An Order for Compulsory Liquidation tends to be referred to as the “Usual Compulsory Order” and
may have a number of additional instructions including:
Main Proceedings, to refer to UK as the Jurisdiction for the insolvency procedure;
Waive Defects or Dispense with need to amend the Petition to correct minor errors.
Directions
If a Petition Debt is disputed, Directions are likely to be issued and normally include:
A specified date/time period for Company to file their evidence in defence;
A specified date/time period for the Petitioning Creditor to file their evidence in response to
the defence;
A specified date/time period for the Court to carry out a non-attendance pre-trial review;
A requirement to file Certificates of Compliance;
Liberty to apply, as a provision for seeking further orders or directions.
Following the review a date will be set by the Court if it feels the dispute can only be resolved at a
hearing. This is essentially like any normal money claim hearing following which Judgement will be
given and the original Petition will be relisted for either dismissal or compulsory liquidation.
6. SUMMARY
Please note that the above is a brief overview of a complex subject. K2 Business Rescue are able to
give independent impartial advice and have the expertise to carry out a business and financial review
and to advise you about the Rescue Options and your Realistic Options so you can decide which is
your Desired Outcome.
Remember: doing nothing is not an option if you wish to save your business.
11