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Sector and Insolvency
Review 2012
2   Sector and Insolvency Review Winter 2012
Snapshot                                           Contents
of 2012
22,332 UK companies entered into an
insolvency process in 2012 (2% drop compared
                                                   This newsletter has been produced by RSM Tenon to provide
to 2011).
                                                   an insight into the insolvency market in 2012 – the statistics,
Since 2009 the average number of                   the trends, the sectors at high risk and RSM Tenon’s expert
insolvent businesses per quarter is 5,890.
                                                   opinion on what is going to happen in 2013.
There were 90 corporate insolvencies per
working day in 2012.

210,000 companies are currently at a high          03 	   Snapshot of 2012                         Sector Insolvency Review
risk of insolvency, an increase of 2.7%            04 	   Overview by Chris Ratten,                13	   Sectors with the highest risk of 		
compared to 2011. This equates to 9% of            	      Head of Restructuring                    	     insolvency
total companies.
                                                                                                   13	   Factors which could cause an increase 	
Sector most at risk in 2013: Construction with     Corporate Insolvency Review                     	     in UK Insolvencies In 2013
3,225 companies.
                                                   06	    Total Insolvencies since 2009            14	   Sector expectation 2013
Sectors showing highest signs of distress:
                                                   06	    Total corporate insolvencies by type     Personal Insolvency Review
37% Furniture Manufacturers; 29%
Textile Manufacturers; 23% Printing and            07	    Insolvency Procedures at a glance
                                                                                                   16	   Annual Personal Insolvencies
Publishing.                                        07	    The Top 20 Charge holders
                                                                                                   16	   Personal Insolvency comparison graph 	
Region with the largest increase in insolvencies   08	    The sectors with the highest number 		   	     in England and Wales 2006 - 2012
in 2012 compared to 2011 – North East with 15%.    	      of company failures in 2012
                                                                                                   17	   Personal Insolvencies by Age Group in 	
112,807 personal insolvencies in England and       09	    Sector Review                            	     England and Wales (2012)
Wales in 2012. 453 people per day in 2012.         11	    Sector Trends                            18	   Personal Insolvencies by Region
Increases to 131,400 if we include Scotland
(estimate) and 528 per working day.                11	    Total Number of Insolvencies by Region   19	   Scotland Personal Insolvencies

North West had the largest number of personal      12	    Corporate Insolvency Expectations        20	   Personal Insolvency Expectations
insolvencies in England and Wales in 2012          	      for 2013                                 	     for 2013
(14,961 in total) but Scotland had over 18,000.

43% of personal insolvencies were an IVA,
which is the same level as 2011.

Our online Tracker system provided the data
for this newsletter. Tracker uses a variety
of data sources including all registered UK
companies, Mortgages and Charges, CCJ’s,
Administration Orders and the Personal
Insolvency register.

To find out more about how Tracker can
support your business, visit:
www.tracker-online.com, email us at
sales@tracker-online.com or contact us
on 0207 448 7725.




                                                   Connect to rsmtenon.com                                                                    3
Overview


Corporate Insolvencies                                                      If exporting is to provide the economic boost that the Government
                                                                            expects, more will have to be done to support SMEs in finding new
There is no denying it, 2012 was a tough year in the restructuring and      markets and provide more guidance on how to export successfully.
insolvency market. At the start of the recession I think most of us
within the profession expected a flood of enquiries from banks and          Outside London (5,233 insolvencies), the North West had the largest
accountants who had clients showing significant signs of distress.          volume of insolvencies with 3,108 (14 per cent of total corporate
However, it just didn’t happen. In fact the insolvency market actually      insolvencies) followed by Yorkshire (2,500, 11 per cent) and South East
shrank by 17% when compared to 2009 and we don’t expect it to               (2419, 11 per cent).
actually increase again until 2014 and beyond.                              There have been no significant surprises as to the sectors experiencing
The main reasons are, banks and other funders, increasingly conscious       the highest failure rates. Business Services represented 25 per cent,
of bad debt and public relation issues are being more lenient and willing   Construction 17 per cent, Hospitality and Leisure 9 per cent, Public
to give companies more time to turn their business around, interest         Services 8 per cent, Property 8 per cent and Retail 7 per cent.
rates have remained low i.e. unchanged since quarter 2 2008 and
                                                                            Personal Insolvencies
businesses are just doing enough to teeter on the edge and survive
by cost cutting, being cautious and not investing. Despite the lack         The volume of personal insolvencies in 2012 only reached 112,000
of insolvencies, Tracker, our online monitoring system confirms that        proving that this insolvency market is still witnessing a downward
over 210,000 businesses at the end of December 2012 were showing            trend. Last year was the lowest figure since 2008 (106,000) and 7 per
significant signs of financial distress. That’s 9 per cent of total         cent lower than 2011 (119,941). Both quarter 2 and 4 in 2012 (27,390 and
companies in the UK.                                                        27,948 respectively) were the lowest quarters since quarter 3 2008
                                                                            (27,448) and bankruptcies were the lowest they have been since quarter
In 2009 the volume of insolvencies was approximately 27,000; however
                                                                            4 2003 (6,940).
in 2012 the level was down to 22,000, a drop of 17 per cent during the
three year period. Even though there has been a drop, SMEs should not       The most popular solution continues to be an Individual Voluntary
become complacent and take their eye off the ball. I think that there       Arrangement in England and Wales with 43 per cent of total personal
will be no significant economic growth for some time, so it is vital for    insolvencies. However, when reviewing the personal insolvency
businesses to regularly monitor their management information and            solutions against the figures, both Individual Voluntary Arrangements
react accordingly as the market changes.                                    and Bankruptcies have reduced compared to the same period in 2011, a
                                                                            decline of 2 per cent and 23 per cent respectively. Debt Relief Orders,
It is pleasing to see that in 2012 we received more enquiries from
                                                                            an insolvency solution for people with low levels of debt, actually
owners wishing to restructure their business through cost reductions,
                                                                            increased by 9 per cent from 29,016 in 2011 to 31,699 in 2012.
improved working capital management and additional funding, so
they put themselves in a better position when the recovery happens.         The regions with the largest number of personal insolvencies when
Our advice following a review can sometimes be complex, but often it        reviewing the figures as a whole in 2012 were Scotland (15 per cent),
involves some simple and practical common sense cash flow measures,         North West (12 per cent), South East (11 per cent) and South West (10 per
such as prompt invoicing, timely and effective chasing of those invoices    cent). When reviewing the age of people who are becoming insolvent, 30
and even ensuring terms and conditions are clear to customers. Simple       per cent in 2012 are in the 36-45 age group. This group accounts for 30
but effective tactics can go a long way to keeping any firm solvent         per cent of bankruptcies, 23 per cent of Debt Relief Orders and 33 per
during these tough times.                                                   cent of Individual Voluntary Arrangements. The only age group which
                                                                            is higher for any insolvency solution is the 26-35 age group for Debt
When we look at UK exports, the picture wasn’t as rosy as the
                                                                            Relief Orders which might be the result of younger people researching
Government would have liked during 2012. In fact, British exporters
                                                                            into managing debt earlier and putting a strategy in place before their
are having a torrid time battling the headwinds of the slowing Chinese
                                                                            financial position becomes much worse.
economy and the Eurozone crisis. Despite the US agreeing to increase
taxes for the wealthy as part of the Fiscal Cliff discussions in January
2013, the delay in spending cuts is only until March, which could slow
their economic progress.




4                                                    Sector and Insolvency Review Winter 2012
The road ahead - 2013
It is difficult to predict 2013 as there are so
many factors that will affect the outcome
such as; the Eurozone, exports to growing
economies, changes in interest rates and
general discretionary spending to name just
a few. At best, there will be minimal growth
and at worst there will be another recession.
I expect the economy will flat line in 2013
with a steady flow of insolvencies from the
zombie businesses* that have just managed
to keep their heads above water over recent
years. The volume of personal insolvencies is
expected to reduce further and I think they
will only reach approximately 100,000 by the
end of this year.

In conclusion, it is clear that the recovery
remains weak and many businesses and
people remain cautious. The recent failures
of Comet, HMV, Jessops and Blockbuster are
prime examples of why businesses must be
cautious, plan ahead and also adapt with
the market. Businesses cannot just hope for
busier times. In 2013, we can only hope for a
glimmer of economic growth later in the year.
                                                  RSM Tenon has the experience and expertise to provide a
                                                  range of solutions to all stakeholders from providing finance
                                                  and turnaround advice through to a managed exit.

                                                  For more information on any of the data covered in this
Chris Ratten, Head of Restructuring               review, our services or to discuss a client in distress please
M 07800 617398                                    contact me or your usual RSM Tenon contact.
E chris.ratten@rsmtenon.com
                                                  *What is a zombie business?

                                                  A company which is at high risk and nearing the point of insolvency but is still able to hang on, neither failing nor thriving.

                                                  The zombie signs:

                                                  n	    Just being able to pay the interest on debts, but not reduce the debt itself

                                                  n	 In the event of a rise in interest rates, the business will be unable to pay its debt at all

                                                  n 	 Currently struggling to pay its debts when they fall due

                                                  n 	 Having to negotiate payment terms with suppliers




                                                  Connect to rsmtenon.com                                                                                                           5
Corporate Insolvency Review


                                              Total Insolvencies since 2009

                                      8,000

                                      7,000


                                      6,000

                                      5,000

                                      4,000
                                              7,175

                                                       6,988

                                                                  6,701

                                                                          6,018

                                                                                  6,082

                                                                                          5,810

                                                                                                    5,572

                                                                                                            4,764

                                                                                                                     5,807

                                                                                                                             5,471

                                                                                                                                        6,051

                                                                                                                                                5,471

                                                                                                                                                        6,130

                                                                                                                                                                   5,868

                                                                                                                                                                             4,979

                                                                                                                                                                                            5,355
                                      3,000

                                      2,000

                                      1,000

                                         0
                                              Q1 	      Q2 	      Q3 	    Q4      Q1 	     Q2 	      Q3 	   Q4        Q1 	    Q2 	      Q3 	    Q4      Q1 	        Q2 	      Q3 	          Q4
                                                               2009                               2010                               2011                                  2012




                                              Total corporate insolvencies by type
                                      4,000



                                      3,500



                                      3,000



                                      2,500



                                      2,000



                                      1,500



                                      1,000
            Compulsory Liquidations
                              CVL’s
          Receivership Appointments    500
                     Administration
    Company Voluntary Arrangements       0
                                              Q1 	 Q2 	 Q3 	 Q4 Q1 	 Q2 	 Q3 	 Q4 Q1 	 Q2 	 Q3 	 Q4 Q1 	 Q2 	 Q3 	 Q4          Q1 	 Q2 	 Q3 	 Q4 Q1 	 Q2 	 Q3 	 Q4 Q1 	 Q2 	 Q3 	

                                                      2006                2007                2008                  2009                2010                2011                     2012

                                              Scotland statistics included and sourced from the Insolvency Service.




6                                              Sector and Insolvency Review Winter 2012
Insolvency Procedures at a glance
In order of severity – least to most

1.	 Company Voluntary Arrangements (“CVA”)
A CVA is a legally binding agreement between a business and the people it owes money to. It is a highly
flexible and powerful tool, typically involving a 3 year plan to repay a proportion of the debt owed.
2.	 Administration
Administration provides a business with Court protection and places it under the control of a
licensed Insolvency Practitioner. An Administrator’s objectives are to rescue the company as a
going concern, achieve a better result for creditors compared to liquidation or to realise property
to pay the funders and/or preferential creditors (typically employees).

3.	 Receivership
In certain circumstances a lender may be able to appoint a Receiver to sell the business’s assets
to repay the amount owed.

4.	 Creditors’ Voluntary Liquidation
If a business is no longer viable, the directors and shareholders can close the business and deal
with its debts by placing it into liquidation. A Liquidator would be appointed with the role of
selling or collecting in the assets and distributing the funds to the relevant parties. A Liquidator
must be a licensed Insolvency Practitioner.

5.	 Compulsory Liquidation
An application to Court can be made, typically by a creditor, for the liquidation of a company.
The process can take a long time to complete, but as soon as the matter is advertised in the
London Gazette the bank account of the business will normally be frozen. If the Court agrees that
a Liquidator should be appointed, the Official Receiver or Insolvency Practitioner (in Scotland)
initially takes control of the business, closes it down and its assets are sold.

The Top 20 Charge holders
 Most Recent Chargeholder                Admin Orders   Liquidations Receiverships Grand Total
 National Westminster Bank PLC           141            890           2                 1,033
 Lloyds Banking Group                    228            704           18                950

 HSBC Bank PLC                           145            665           0                 810
 Barclays Bank PLC                       132            645           3                 780
 The Royal Bank of Scotland PLC          101            359           7                 467
 Bibby Financial Services Limited        114            326           0                 440
 Lloyds TSB Commercial Finance Limited   55             329           1                 385

 Clydesdale Bank PLC                     92             202           4                 298
 RBS Invoice Finance Limited             30             135           0                 165
 Midland Bank PLC                        16             104           1                 121
 Aldermore Bank PLC                      32             85            0                 117
 AIB Group (UK) PLC                      30             62            5                 97
 Santander (UK) PLC                      24             40            0                 64

 Close Invoice Finance Limited           23             35            0                 58
 RBS Group                               12             43            1                 56
 Bank of Ireland                         20             25            1                 46
 ABN Amro Commercial Finance             14             31            0                 45
 Northern Bank Limited                   12             28            3                 43
 HSBC Invoice Finance (UK) Limited       11             28            0                 39
 SME INvoice Finance                     17             22            0                 39
 Others                                  860            2,032         24                2,916
 No Charge                               374            11,021        2                 11,397
 Grand Total                             2,483          17,811        72                20,366




Connect to rsmtenon.com                                                                                7
Corporate Insolvency Review


                                                  The sectors with the highest number of company failures in 2012


                        Business Services          5,223



                             Construction          3,452


                                                   1,812
                   Hospitality and Tourism


                           Public Services         1,595



                                 Property          1,596



                                    Retail         1,393



                                Wholesale          848



    Vehicle Manufacturers and Distributors         612



                       Transport Services          500



               Engineering Manufacturers           441


                                             0	                1,000	               2,000	      3,000	       4,000	           5,000	          6,000



                                              The above bar chart is the sector insolvency breakdown for England and Wales. These sectors
                                              represent 84% of corporate insolvencies in 2012.
                                              Note: The above chart does not include Scotland

                                              Business Services includes: Renting of machinery/equipment; Management Activities; Public
                                              Relations; Design Services; Packaging Activities; Legal and Book keeping services; IT Consultancy;
                                              Repair of Goods and Industrial Cleaning.




8                                                 Sector and Insolvency Review Winter 2012
Sector Insolvency Review (2012)

 Sector          2012 insolvencies compared Commentary
                 to 2011

 Retail                    Same            There were approx. 1,330 corporate insolvencies in the retail sector during 2012 (the same as in
                                           2011) however there was an increase in well-known names such as JJB Sports, Comet, Clinton
                                           Cards, Jessops, HMV and Blockbuster to name just a few. According to the British Retail Consortium
                                           (BRC), more than one in ten shops are empty with the worst regions being in Wales, the North
                                           and Yorkshire where approx. 15 per cent of premises are empty. Many are still fighting low footfall
                                           figures, stagnating sales and rising costs. It will be interesting to see the first quarter’s retail
                                           insolvency numbers in 2013 after the significant discounts of approximately 70 per cent by some
                                           retailers in the run up to Christmas and the New Year sales.
 Construction              Same            Even though there are plenty of cranes in the skyline in London, the construction sector outside
                                           the capital is dead. Commercial building, the lifeblood of most large firms, has failed to recover
                                           from the financial crisis. It is clear to see that many projects are still on drawing board and
                                           being stalled. Civil engineering has suffered from a lack of infrastructure improvements after
                                           nearly a £30bn cut in public investment. However, the levels of insolvencies have remained very
                                           similar in both 2011 and 2012.
 Manufacturing              Up             Industrial output was at its lowest level since May 1992 in December 2012 and manufacturing
                                           was 20 per cent down on its peak. The domestic market continues to be a challenging one
                                           and the balance of payments on export sales have turned negative for the first time since
                                           the 2008/09 recession. Companies that have a high degree of exposure to European markets
                                           were particularly hard hit during 2012. The sub sector with the largest increase in the number
                                           of insolvencies was Pharmaceutical, Medical and Toiletries (Up 45 per cent followed by
                                           ‘Other Manufacturing’ with 28 per cent). However, electronic and technology and engineering
                                           manufacturers actually dropped compared to 2011, 15 and 13 per cent respectively.
 Hospitality              Up 6%            Consumer confidence and spending continues to fall as more people are being cautious and
 and Leisure                               controlling their budgets/spending, which has had a detrimental impact on this sector. Pubs and
                                           other leisure related businesses are suffering most due to the drop in discretionary spending.
                                           Even though there has been a slow recovery in tourist numbers due to the Olympics and other
                                           sporting events, as a whole the sector outside London is on a knife edge.
 Business                Down 8%           Despite the volume of insolvencies reducing in 2012 compared to 2011, this sector is still in
 Services                                  a precarious position. Companies are trying to reduce their spend on external suppliers,
                                           impacting significantly on marketing, book keeping PR and IT firms. Over 45,000 companies in
                                           this sector are currently at high risk (7%) but this is still lower than the average which shows
                                           many business service businesses were lost in between 2008 - 11. Approx. 5,200 business
                                           service companies were subject to insolvency proceedings during 2012.

 Professional              Same            Many professional service businesses are extending their service range to include more consultancy
 Services                                  advice to support their core services. The market is demanding more support to ensure their survival
                                           in the current times. Therefore, professional service firms must become as efficient as possible by
                                           delivering the best bespoke service but at the lowest cost to the firm. In 2012, the fee income for the
                                           top 50 accountancy firms actually increased 1.5% in real terms.




                                          Connect to rsmtenon.com                                                                                    9
Corporate Insolvency Review


Sector Insolvency Review (2012)


 Sector                   2012 insolvencies compared Commentary
                          to 2011

 Agriculture                              Down 8%                   The adverse weather during 2012 made for a poor harvest and as a result the the agriculture sector
                                                                    was adversely affected. Low domestic crop yields combined with a severe drought in the US have
                                                                    contributed to increasing commodity prices that have partially offset arable agricultural sector
                                                                    losses. However these prices have had a knock on effect throughout the food chain ultimately
                                                                    resulting in increasing food prices for the consumer. Due to its reliance on this sector, Scotland’s
                                                                    agriculture and agrifood sector was particularly affected but overall the volume of insolvencies
                                                                    dropped compared to 2011.
 Transport                               Down 12%                   For the majority of 2012, the price of fuel was a constant and major cost pressure in the
                                                                    Transport sector. In December 2012, unleaded fuel was 2.75p a litre more than in December 2011*
                                                                    which highlights the cost pressure this sector has.

 Wholesale                               Down 15%                   There were 848 insolvent businesses in the wholesale sector during 2012, accounting for 1.3
                                                                    per cent of companies within this sector. However, the number of businesses showing signs
                                                                    of distress has increased by 2,647 when compared to 2011. Therefore, there is potential for an
                                                                    upsurge in insolvencies in the latter half of 2013 as pressure mounts on them.

 Finance                                   Up 12%                   253 Financial Services businesses entered into an insolvency process during 2012 which is a
                                                                    32% decline when compared against 2009. Of the 41,000 businesses in this sector, over 4,800
                                                                    businesses are showing signs of significant distress. Despite many companies in this sector being
                                                                    hit in 2008-09, the sector still struggled to maintain service levels and is expected to continue to
                                                                    struggle as clients demand more advisory services with limited uplift in costs.



Business Services includes: Renting of machinery/equipment; Management Activities; Public Relations; Design Services;
Packaging Activities; Legal and Book keeping services; IT Consultancy; Repair of Goods and Industrial Cleaning.
*According to the AA - www.theaa.com/motoring_advice/fuel/




Business Services had the largest number of insolvencies in
2012 representing 23% of all insolvencies nationally. Despite
being 8% lower than 2011.



10                                                                 Sector and Insolvency Review Winter 2012
Sector Trends
                             1,800



                             1,600



                             1,400



                             1,200



                             1,000


        Business Services

             Construction     800

Engineering Manufacturers

   Hospitality and Tourism    600

                 Property

           Public Services    400
                    Retail

       Transport Services
                              200
    Vehicle Manufacturers
          and Distributors

               Wholesales       0
                                     2009	                          2010	                            2011	        2012	


                                      Total Number of Insolvencies by Region

                                                                             1,343
                                                           2,500
                                                                                          1,372
                                                                                                                 East Midlands
                                                                                                                 East of England
                                              2,075
                                                                                                                 London
                                                                                                                 North East
                                      545
                                                                                                                 North West
                                                                                                       5,233
                                                                                                                 Scotland
                                      1,354
                                                                                                                 South East
                                                                                                                 South West

                                              2,419
                                                                                                                 Wales
                                                                                                                 West Midlands
                                                                                               810
                                                                                                                 Yorkshire and The Humber
                                                         1,379
                                                                             3,108


                                       *The source of the Scottish figures is Accountant in Bankruptcy website




                                      Connect to rsmtenon.com                                                                         11
Corporate Insolvency Review

Expectations for 2013

According to RSM Tenon’s Tracker system 210,002 (December
2012), approximately 9 per cent of companies nationally were
showing signs of distress and significant financial issues. This
is a rise of 2.7 per cent compared to December 2011. Therefore,
despite the decreasing volume of insolvencies, the number of
businesses teetering on the edge is actually increasing.
Due to low interest rates, many business owners are just able to service the costs of their debts;
however, we expect demand for external finance to increase for a number of companies in the next
year. It is expected that only medium to large sized businesses are likely to apply for more funding,
as smaller businesses (under a turnover of £3m) will focus on debt reduction and maintaining their
cash flow.

The Chancellor’s Autumn Statement focused on measures that will support investment and exports.
£13 million of funding has been awarded by the Government to help 10,000 more British firms export.
The funds will go to UK Trade & Investment (UKTI) to help more companies make contacts and sell
to overseas markets. The majority of the investment – up to £9 million – will go directly towards
boosting trade opportunities for SMEs. In addition, £2.5 million will be invested in helping firms
access and win some of the many high-value opportunities that UKTI has identified globally. Over
half of the monetary value of the UK’s exports comes from SMEs. The new investment comes as part
of a drive by the Government to boost exports for UK firms and achieve its ambitions to double UK
exports to £1 trillion by 2020 and get 100,000 more companies exporting.

Despite the actions by the Government, RSM Tenon’s business barometer survey which interviewed
500 business owners in December 2012 on various topics, found that nearly 60 per cent of SME’s
surveyed thought the Government was failing to help them to export. The most worrying statistic
from the survey was that more than half of smaller businesses who could export goods have not
even considered exporting despite the Government’s efforts to support and encourage it.

The machine at the heart of the Eurozone is spluttering; the Bundesbank has sliced more than
one percentage point off its forecast for economic expansion in Germany in 2013, reflecting the
severe after effects of the sovereign debt crisis. This shows Germany is no longer immune from the
downturn and it saw its industrial and manufacturing performance falling dramatically at the end
of 2012. Without a confident or expansive Germany, it is almost certain the Eurozone’s double dip
recession will continue in 2013, dragged down by severe contractions in the southern states.

Over 50 per cent of the UK’s export trade is to European countries, so with their current difficulties,
exporting may not grow as quickly as the Government would like. Therefore, the Government needs
to also focus on emerging economies in Asia, Africa and South America.

2013 will be another challenging year as the Eurozone is unlikely to offer little in the way of growth
opportunities and some even fear a global slowdown. Only those businesses that can innovate, offer
new products and compete in faster growing markets and diversify into global supply chains will be
successful.

Overall 2013 will be very similar to 2012 in terms of insolvency, much lower than expected despite the
weak economy due to low interest rates, bank and funder leniency and the ability of some high risk
businesses to teeter on the edge.



12                                                     Sector and Insolvency Review Winter 2012
Sector Insolvency Review


         Using RSM Tenon’s Tracker system, the chart below shows the volume of businesses within each
         sector that are deemed to be at high risk.

         Sectors with the highest risk of insolvency (over 3,000 businesses)
50,000

45,000

40,000

35,000

30,000

25,000

20,000

15,000

10,000

 5,000

    0
             Business Services


                                    Construction


                                                   Hospitality and Tourism


                                                                             Public Services


                                                                                               Property


                                                                                                          Retail


                                                                                                                   Wholesale


                                                                                                                               Transport Services


                                                                                                                                                    Vehicle Manufacturers and Distributors


                                                                                                                                                                                             Publishing and Printing


                                                                                                                                                                                                                       Finance


                                                                                                                                                                                                                                 Communications


         The above highlights the fact that the sectors which are dependent on discretionary spending or are                                                                                                                                      Other Manufacturing

         dependent on Public Sector or Government contracts are the ones which are struggling the most.

         When looking at the sectors with the largest percentage of businesses at high risk of insolvency,
         the figures change to: Furniture Manufacturers (37%); Textile Manufacturers (30%); Publishing
         and Printing (23%); Construction (22%) and Food and Drink Manufacturers (22%). However, these
         should be looked at with caution due to the number of businesses within each sector.

         Factors which could cause an increase in UK Insolvencies In 2013
         n	                      Lower discretionary spending from frozen wages, increase in retail price inflation and under 	
         	                       employment
         n	                      Increased level of unemployment
         n	                      Actions by the US or other European countries could cause an impact on UK trade
         n	                      Increase in interest rates – but this is very unlikely!
         n	                      Businesses that are dependent on exports into Europe but are hit by new occurrences in the 	
         	                       Eurozone
         n	                      Private sector not developing commercial buildings or cancelling plans for new 		
         	                       developments especially retail parks




         Connect to rsmtenon.com                                                                                                                                                                                                                                13
Sector Insolvency Review


Sector expectation 2013

 Sector              2013 expectation   Commentary


 Retail                       Same      The average number of insolvencies in the retail sector has been approx. 1,400 per year since 2009
                                        and we expect this to continue. The loss of some high profile retailers is set to continue in 2013 as
                                        consumer confidence remains fragile and discretionary spending is low on the high street. Even
                                        with lower inflation – consumers seem to prefer to pay down existing debt or save rather than
                                        spend. 2012 Christmas trading appears to have been reasonable, though not spectacular and not
                                        enough to prevent insolvencies in the first quarter of 2013. The rise in cheaper internet suppliers
                                        and online/mobile sales is also having a detrimental effect on retailers especially if they cannot
                                        compete on price or do not have a successful online presence. Retailers must be able to compete
                                        across all channels.
 Construction                  Up       The construction sector will find it tough in 2013 as the true effect of the Public Sector cuts
                                        become apparent. The pressure will be eased if planned public sector projects start, or if the
                                        private sector creates some new opportunities. The hopes of the construction recovery lie with
                                        the private sector, notably housing, commercial and industrial.
                                        The main forecasting bodies (CPA and Experian) both believe there will be marginal growth in
                                        2013, which could create approx. 3% growth in 2014-15. One notable change in 2012 which will
                                        continue in 2013 is the move by the larger contractors towards smaller projects in order to fill
                                        capacity. This will cause smaller contractors to struggle further and we expect more to fail.

 Manufacturing                 Up       Forecast growth in manufacturing output for 2013 halved from 1.5% to 0.7%. The sector
                                        witnessed a further weakening in output and orders at the end of 2012, proving tough trading
                                        conditions will linger in 2013.

 Hospitality and               Up       Whilst London had a bumper year outperforming the other regions in 2012, 2013 will be a different
 Leisure                                story. We expect to see a ‘post Olympics’ dip which is likely to be amplified in the hotel market
                                        where capacity had been increased to cover the volume of visitors.
                                        Generally, consumer spending will remain subdued and Sterling’s weakness will reduce the
                                        affordability of overseas travel. However, domestic leisure and tourism operators should provide
                                        some positive growth.
 Business Services            Same      This sector has averaged around 1,380 insolvencies a quarter since 2009. (Peak was 1,622 in
                                        quarter 2 2009). We expect that this sector will continue to struggle as they are exposed to
                                        sectors that are seeing particular difficulties themselves, so are cutting their cloth to stay
                                        afloat. Niche players in difficult markets will need to seek alternative sources of revenue to
                                        spread the risk.

 Professional                  Up       Despite there being some improvement in trading for professional services firms over the last two
 Services                               years, we feel the expected hard times and downturn in 2013 will have a negative impact on firms
                                        in this sector. Fiscal tightening will pose a significant challenge to numerous professional firms
                                        for which public sector demand is a key source of income. The changing and complex regulatory
                                        environment and shift in emerging markets will represent longer-term challenges and opportunities
                                        for legal and audit firms. Property and construction professionals have little to cheer about in 2013
                                        due to the subdued housing and commercial property market conditions..



14                                      Sector and Insolvency Review Winter 2012
Sector                     2012 insolvencies compared Commentary
                            to 2011

 Agriculture                            Up marginally                  Those in agriculture and agrifood will be praying for some good weather in 2013 to ensure they
                                                                       do not have another challenging year. The need to be able to harvest good quality crops and
                                                                       have wider margins on livestock will be make or break for many this year.


 Transport                                   Same                      Thankfully there is some hope for hauliers and road related public transport in 2013 as the
                                                                       planned 3p tax rise on fuel was cancelled by the Chancellor in December 2012. However,
                                                                       activity in the overall transport sector will continue to be slow and will continue to be so
                                                                       in the short-medium term whilst the Government’s austerity measures are in place and the
                                                                       economic growth is weak.

 Wholesale                                     Up                      Many sectors are experiencing price squeezes resulting in lower margins available for
                                                                       those throughout the supply chain. The fight between producer and consumer over pricing
                                                                       combined with extended credit is likely to place increasing pressures on intermediaries.

 Finance                                       Up                      As over 10 per cent of businesses are still showing signs of financial distress, it is likely more
                                                                       will falter during 2013. The constant changes in the market as well increased regulation,
                                                                       squeezing margins and competition in insurance services is proving far too hard for some.



Business Services includes: Renting of machinery/equipment; Management Activities; Public Relations; Design Services;
Packaging Activities; Legal and Book keeping services; IT Consultancy; Repair of Goods and Industrial Cleaning.




                                                                 Connect to rsmtenon.com                                                                                    15
Personal Insolvency Review


                                     Annual Personal Insolvencies
                                     (Includes both Scotland, England and Wales for completeness).

                           180,000
                           160,000
                           140,000
                           120,000
                           100,000
                           80,000
                           60,000
                           40,000
                           20,000
                                0
                                         2006	             2007	            2008	           2009	           2010	            2011	              2012	


                                     From the peak in personal insolvencies in 2009 when nearly 160,000 people entered into an
                                     insolvency arrangement, the volume has steadily decreased in 11 out of the last 12 quarters to
                                     just under 130,000 in 2012.

                                     In England and Wales, IVAs represented 41 per cent of the market in 2012 followed by Debt Relief
                                     Orders (29 per cent) and then Bankruptcies (30 per cent). In total there were approximately
                                     112,000 personal insolvencies with 48 per cent being women. Both women and men prefer to use
                                     an IVA, but out of the other options, men prefer to choose a bankruptcy rather than a Debt Relief
                                     Order which may be down to the higher levels of debt they have.

                                     Personal Insolvency comparison graph in England and Wales 2006 - 2012
                           25,000




                           20,000




                            15,000




                            10,000



            Bankruptcy
                            5,000
      Debt Relief Orders
                   IVA’s


                                0
                                      Q1 	 	     Q3 	   Q1 	 	     Q3   Q1 	 	   Q3 	   Q1 	 	   Q3 	   Q1 	 	   Q3 	   Q1 	 	      Q3 	   Q1 	 	   Q3 	

                                           2006              2007            2008            2009            2010                2011           2012




16                                   Sector and Insolvency Review Winter 2012
Bankruptcies have had a marked drop
                              from over 20,000 in quarter 1 2009
                              to just 7000 in quarter 4 2012. In fact,
                              bankruptcies were actually overtaken
                              by Debt Relief Orders for the first time
                              in quarter 3 in 2012.




                              Personal Insolvencies by Age Group in England and Wales (2012)


                     18,000

                     16,000

                     14,000

                     12,000

                     10,000

                     8,000

                     6,000

                     4,000
      Bankruptcy
                     2,000
Debt Relief Orders
              IVA        0
                                   18 - 25	        26 - 35	        36 - 45	       46 - 55	       56 - 65	           66+



                              In 2012, the 36-45 age group had the most personal insolvencies with nearly 32,000 people.
                              Approximately 15,000 people of this age group used an IVA solution with bankruptcies
                              representing 9,800 and Debt Relief Orders 7,400. The 46-55 age group had the second largest
                              number of personal insolvencies with over 26,000 followed closely by the 26-35 age group
                              with 25,400.




                              Connect to rsmtenon.com                                                                       17
Personal Insolvency Review


Personal Insolvencies by Region




                 Scotland
         18,600 insolvencies (est.)
               Position: 1st                                                                              North East
              14.8% of total                                                                          6,625 insolvencies
               insolvencies                                                                              Position: 10th
                                                                                                     5.3 per cent of total
                                                                                                         insolvencies




                  North West
             14,961 insolvencies                                                                            Yorkshire and
                Position: 2nd                                                                                the Humber
             12 per cent of total                                                                        11,062 insolvencies
                 insolvencies                                                                                Position: 5th
                                                                                                        8.8 per cent of total
                                                                                                             insolvencies
                                                                                                                                            East Midlands
                                                                                                                                          9,400 insolvencies
                                  West Midlands                                                                                              Position: 7th
                               10,837 insolvencies                                                                                       7.5 per cent of total
                                   Position: 7th                                                                                             insolvencies
                               8.6 per cent of total
                                   insolvencies


                                                                                                                                              East of England
                                                                                                                                            10,845 insolvencies
                                                                                                                                                Position: 5th
                              Wales
                                                                                                                                            8.8 per cent of total
                      6,484 insolvencies
                                                                                                                                                insolvencies
                          Position 11th
                      5.1 per cent of total
                          insolvencies

                                                                                                                                       London
                                                                                                                                 9,244 insolvencies
                                                                                                 South East                         Position: 9th
                                                                                            14,374 insolvencies                 7.3 per cent of total
                                                                                                Position: 3rd                       insolvencies
                                         South West
                                    12,531 insolvencies                                     11 per cent of total
                                       Position: 4th                                            insolvencies
                                    10 per cent of total
                                        insolvencies


                                                                                        Note: Position refers to the volume of insolvencies compared to the rest of the UK
                                                                                        An IVA in Scotland is a Trust Deed and a Bankruptcy is a Sequestration.




18                                                         Sector and Insolvency Review Winter 2012
Scotland Personal Insolvencies

                                4,500

                                4,000

                                3,500

                                3,000

                                2,500

                                2,000

                                1,500

Sequestrations excluding LILA   1,000

         Total sequestrations    500
       Protected Trust Deeds
                                   0
                                        Q1 	 	    Q3 	   Q1 	 	    Q3 	   Q1 	 	    Q3 	   Q1 	 	    Q3 	   Q1 	 	    Q3 	   Q1 	 	    Q3 	   Q1 	 	    Q3 	   Q1 	 	   Q3 	

                                                 2005             2006             2007             2008
                                                                                                    2006             2009             2010             2011         2012




                                         Source – Accountant in Bankruptcy (AIB).
                                         On 1 April 2008, Part 1 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 came into force making significant changes
                                         to some aspects of bankruptcy, debt relief and debt enforcement in Scotland. This included the introduction of the new
                                         route into bankruptcy for people with low income and low assets (LILA).


                                         Sequestrations sat around the 11,000 level in 2012 which is much lower than the peak in 2009
                                         (over 14,000). The change in legislation in 2008 obviously had an impact in the number of people
                                         entering an insolvency arrangement as it allowed more people with low incomes and low assets
                                         (LILA) to enter into an insolvency arrangement. The graph above highlights the impact this
                                         legislation made with the large increase from approximately 1500 at the end of 2007 to over
                                         4000 by quarter 3 2008.




                                        Connect to rsmtenon.com                                                                                                         19
Personal Insolvency Review


Expectations for 2013

Talk of double dip recessions, uncertainty on the high streets and
less cash in our wallets are all signs of the times, however, another
is the consistent levels of personal insolvencies with approximately
25,000 to 28,000 every quarter during 2012. This level of
insolvencies is set to continue in 2013 which is by no means close to
the levels we hit in 2009 (approximately 160,000 or nearly 40,000
per quarter).
Before an insolvency procedure is arranged, an individual can sign up for a Debt Management
Plan (Debt Arrangement Scheme in Scotland) to help them arrange their finances to avoid their
debts spiralling further. However, a lot of people in the last two years have taken a DMP only to
be moved to an IVA once they have proven their ability to meet regular monthly commitments to
their creditors.
Individual Voluntary Arrangements which usually require the individual to pay creditors over a
five year period decreased by 8 per cent in 2012 compared to 2011, which shows that people are
less confident about their long term employment prospects. If people lack confidence or are miss
sold Debt Management Plans, IVAs will continue to fall. However, due to their very nature, i.e.
being dependent on how confident people feel, 2013 is likely to see peaks and troughs and
we expect by the end of the year IVAs to remain around the 40,000 level.
Debt Relief Orders surpassed bankruptcies for the first time in 2012, not signalling the end of
bankruptcy, but proving that more people are becoming desperate with debts of less than
£15,000, a sum which may seem low to many commentators but which is a mountain of stress
for those with no means to pay it. DROs will continue at these record levels this year, overtaking
bankruptcies as they continue to decline, but we do not think they will materially increase.
Bankruptcies will continue to trickle downwards in 2013, due to relatively low levels of full (as
opposed to part time) unemployment, very low interest rates continuing to underpin home
owners, lack of new credit (so no new over spenders) and increasing use of Debt Management
Plans/Debt Arrangement Schemes.
More and more people will be on a tight budget in 2013 and for those with high debts, they will
be hoping for creditors’ forbearance. The introduction of the Universal Credit will also amplify
the problems for people on low incomes. Those who live in low income areas, where many are
on benefit, will now be expected to contribute towards Council Tax from their household budget
where in 2012, Council Tax was previously covered by benefit payments. This small step will
exacerbate problems for many.
In conclusion, despite the reducing levels of personal insolvencies in 2012, millions of people
are still carrying debts taken on before the credit crunch, struggling to balance their monthly
household budgets. In the last few years, the low interest rates have helped homeowners
but provided no clear way out. Therefore, consumer debt levels are not reducing – in many
households they sit there, the elephant in the room, stopping families getting on with their lives.




20                                                    Sector and Insolvency Review Winter 2012
Contact us

                          Should you have any questions about the
                          content of this report please contact:
                          Phillip Ward, Senior Marketing Manager
                          E phillip.ward@rsmtenon.com
                          Extracts of these statistics and commentary
                          may be reproduced subject to the following
                          conditions:
                          n	   No commercial or financial gain is made 	
                          	    from the reproduction
                          n	   Acknowledgement of RSM Tenon as the 		
                          	    provider of the information is mentioned 	
                          	    in the reproduced document


                          About Restructuring
                          W www.rsmtenon.com
                          E restructuring@rsmtenon.com


                          Website details
                          Business Finance – www.findingfinance.co.uk
                          Tracker – www.tracker-online.co.uk




                          Our online Tracker system provided the data
                          for this newsletter. Tracker uses a variety
                          of data sources including all registered UK
                          companies, Mortgages and Charges, CCJ’s,
                          Administration Orders and the IVA and
                          Bankruptcy register.
                          To find out more about how Tracker can
                          support your business:
                          E sales@tracker-online.com
                          T 0207 448 7725
                          W www.tracker-online.com



Connect to rsmtenon.com                                               21
What happens in the real world




 www.rsmtenon.com


 Restructuring and Insolvency services are provided through RSM Tenon Limited and our Insolvency Practitioners are authorised to act in
 this capacity by their individual licensing bodies. Partners and staff acting as Administrative Receivers and Administrators act as agents
 of the company over which they are appointed and contract without personal liability. RSM Tenon Limited is a subsidiary of RSM Tenon
 Group PLC. RSM Tenon Limited is an independent member of the RSM International network. The RSM International network is a network
 of independent accounting and consulting firms each of which practices in its own right. RSM International is the brand used by the
 network which is not itself a separate legal entity in any jurisdiction. RSM Tenon Limited (No 4066924) is registered in England and Wales.
 Registered Office 66 Chiltern Street, London W1U 4GB. England.

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Sector and insolvency review winter 2012

  • 2. 2 Sector and Insolvency Review Winter 2012
  • 3. Snapshot Contents of 2012 22,332 UK companies entered into an insolvency process in 2012 (2% drop compared This newsletter has been produced by RSM Tenon to provide to 2011). an insight into the insolvency market in 2012 – the statistics, Since 2009 the average number of the trends, the sectors at high risk and RSM Tenon’s expert insolvent businesses per quarter is 5,890. opinion on what is going to happen in 2013. There were 90 corporate insolvencies per working day in 2012. 210,000 companies are currently at a high 03 Snapshot of 2012 Sector Insolvency Review risk of insolvency, an increase of 2.7% 04 Overview by Chris Ratten, 13 Sectors with the highest risk of compared to 2011. This equates to 9% of Head of Restructuring insolvency total companies. 13 Factors which could cause an increase Sector most at risk in 2013: Construction with Corporate Insolvency Review in UK Insolvencies In 2013 3,225 companies. 06 Total Insolvencies since 2009 14 Sector expectation 2013 Sectors showing highest signs of distress: 06 Total corporate insolvencies by type Personal Insolvency Review 37% Furniture Manufacturers; 29% Textile Manufacturers; 23% Printing and 07 Insolvency Procedures at a glance 16 Annual Personal Insolvencies Publishing. 07 The Top 20 Charge holders 16 Personal Insolvency comparison graph Region with the largest increase in insolvencies 08 The sectors with the highest number in England and Wales 2006 - 2012 in 2012 compared to 2011 – North East with 15%. of company failures in 2012 17 Personal Insolvencies by Age Group in 112,807 personal insolvencies in England and 09 Sector Review England and Wales (2012) Wales in 2012. 453 people per day in 2012. 11 Sector Trends 18 Personal Insolvencies by Region Increases to 131,400 if we include Scotland (estimate) and 528 per working day. 11 Total Number of Insolvencies by Region 19 Scotland Personal Insolvencies North West had the largest number of personal 12 Corporate Insolvency Expectations 20 Personal Insolvency Expectations insolvencies in England and Wales in 2012 for 2013 for 2013 (14,961 in total) but Scotland had over 18,000. 43% of personal insolvencies were an IVA, which is the same level as 2011. Our online Tracker system provided the data for this newsletter. Tracker uses a variety of data sources including all registered UK companies, Mortgages and Charges, CCJ’s, Administration Orders and the Personal Insolvency register. To find out more about how Tracker can support your business, visit: www.tracker-online.com, email us at sales@tracker-online.com or contact us on 0207 448 7725. Connect to rsmtenon.com 3
  • 4. Overview Corporate Insolvencies If exporting is to provide the economic boost that the Government expects, more will have to be done to support SMEs in finding new There is no denying it, 2012 was a tough year in the restructuring and markets and provide more guidance on how to export successfully. insolvency market. At the start of the recession I think most of us within the profession expected a flood of enquiries from banks and Outside London (5,233 insolvencies), the North West had the largest accountants who had clients showing significant signs of distress. volume of insolvencies with 3,108 (14 per cent of total corporate However, it just didn’t happen. In fact the insolvency market actually insolvencies) followed by Yorkshire (2,500, 11 per cent) and South East shrank by 17% when compared to 2009 and we don’t expect it to (2419, 11 per cent). actually increase again until 2014 and beyond. There have been no significant surprises as to the sectors experiencing The main reasons are, banks and other funders, increasingly conscious the highest failure rates. Business Services represented 25 per cent, of bad debt and public relation issues are being more lenient and willing Construction 17 per cent, Hospitality and Leisure 9 per cent, Public to give companies more time to turn their business around, interest Services 8 per cent, Property 8 per cent and Retail 7 per cent. rates have remained low i.e. unchanged since quarter 2 2008 and Personal Insolvencies businesses are just doing enough to teeter on the edge and survive by cost cutting, being cautious and not investing. Despite the lack The volume of personal insolvencies in 2012 only reached 112,000 of insolvencies, Tracker, our online monitoring system confirms that proving that this insolvency market is still witnessing a downward over 210,000 businesses at the end of December 2012 were showing trend. Last year was the lowest figure since 2008 (106,000) and 7 per significant signs of financial distress. That’s 9 per cent of total cent lower than 2011 (119,941). Both quarter 2 and 4 in 2012 (27,390 and companies in the UK. 27,948 respectively) were the lowest quarters since quarter 3 2008 (27,448) and bankruptcies were the lowest they have been since quarter In 2009 the volume of insolvencies was approximately 27,000; however 4 2003 (6,940). in 2012 the level was down to 22,000, a drop of 17 per cent during the three year period. Even though there has been a drop, SMEs should not The most popular solution continues to be an Individual Voluntary become complacent and take their eye off the ball. I think that there Arrangement in England and Wales with 43 per cent of total personal will be no significant economic growth for some time, so it is vital for insolvencies. However, when reviewing the personal insolvency businesses to regularly monitor their management information and solutions against the figures, both Individual Voluntary Arrangements react accordingly as the market changes. and Bankruptcies have reduced compared to the same period in 2011, a decline of 2 per cent and 23 per cent respectively. Debt Relief Orders, It is pleasing to see that in 2012 we received more enquiries from an insolvency solution for people with low levels of debt, actually owners wishing to restructure their business through cost reductions, increased by 9 per cent from 29,016 in 2011 to 31,699 in 2012. improved working capital management and additional funding, so they put themselves in a better position when the recovery happens. The regions with the largest number of personal insolvencies when Our advice following a review can sometimes be complex, but often it reviewing the figures as a whole in 2012 were Scotland (15 per cent), involves some simple and practical common sense cash flow measures, North West (12 per cent), South East (11 per cent) and South West (10 per such as prompt invoicing, timely and effective chasing of those invoices cent). When reviewing the age of people who are becoming insolvent, 30 and even ensuring terms and conditions are clear to customers. Simple per cent in 2012 are in the 36-45 age group. This group accounts for 30 but effective tactics can go a long way to keeping any firm solvent per cent of bankruptcies, 23 per cent of Debt Relief Orders and 33 per during these tough times. cent of Individual Voluntary Arrangements. The only age group which is higher for any insolvency solution is the 26-35 age group for Debt When we look at UK exports, the picture wasn’t as rosy as the Relief Orders which might be the result of younger people researching Government would have liked during 2012. In fact, British exporters into managing debt earlier and putting a strategy in place before their are having a torrid time battling the headwinds of the slowing Chinese financial position becomes much worse. economy and the Eurozone crisis. Despite the US agreeing to increase taxes for the wealthy as part of the Fiscal Cliff discussions in January 2013, the delay in spending cuts is only until March, which could slow their economic progress. 4 Sector and Insolvency Review Winter 2012
  • 5. The road ahead - 2013 It is difficult to predict 2013 as there are so many factors that will affect the outcome such as; the Eurozone, exports to growing economies, changes in interest rates and general discretionary spending to name just a few. At best, there will be minimal growth and at worst there will be another recession. I expect the economy will flat line in 2013 with a steady flow of insolvencies from the zombie businesses* that have just managed to keep their heads above water over recent years. The volume of personal insolvencies is expected to reduce further and I think they will only reach approximately 100,000 by the end of this year. In conclusion, it is clear that the recovery remains weak and many businesses and people remain cautious. The recent failures of Comet, HMV, Jessops and Blockbuster are prime examples of why businesses must be cautious, plan ahead and also adapt with the market. Businesses cannot just hope for busier times. In 2013, we can only hope for a glimmer of economic growth later in the year. RSM Tenon has the experience and expertise to provide a range of solutions to all stakeholders from providing finance and turnaround advice through to a managed exit. For more information on any of the data covered in this Chris Ratten, Head of Restructuring review, our services or to discuss a client in distress please M 07800 617398 contact me or your usual RSM Tenon contact. E chris.ratten@rsmtenon.com *What is a zombie business? A company which is at high risk and nearing the point of insolvency but is still able to hang on, neither failing nor thriving. The zombie signs: n Just being able to pay the interest on debts, but not reduce the debt itself n In the event of a rise in interest rates, the business will be unable to pay its debt at all n Currently struggling to pay its debts when they fall due n Having to negotiate payment terms with suppliers Connect to rsmtenon.com 5
  • 6. Corporate Insolvency Review Total Insolvencies since 2009 8,000 7,000 6,000 5,000 4,000 7,175 6,988 6,701 6,018 6,082 5,810 5,572 4,764 5,807 5,471 6,051 5,471 6,130 5,868 4,979 5,355 3,000 2,000 1,000 0 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 2009 2010 2011 2012 Total corporate insolvencies by type 4,000 3,500 3,000 2,500 2,000 1,500 1,000 Compulsory Liquidations CVL’s Receivership Appointments 500 Administration Company Voluntary Arrangements 0 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 2006 2007 2008 2009 2010 2011 2012 Scotland statistics included and sourced from the Insolvency Service. 6 Sector and Insolvency Review Winter 2012
  • 7. Insolvency Procedures at a glance In order of severity – least to most 1. Company Voluntary Arrangements (“CVA”) A CVA is a legally binding agreement between a business and the people it owes money to. It is a highly flexible and powerful tool, typically involving a 3 year plan to repay a proportion of the debt owed. 2. Administration Administration provides a business with Court protection and places it under the control of a licensed Insolvency Practitioner. An Administrator’s objectives are to rescue the company as a going concern, achieve a better result for creditors compared to liquidation or to realise property to pay the funders and/or preferential creditors (typically employees). 3. Receivership In certain circumstances a lender may be able to appoint a Receiver to sell the business’s assets to repay the amount owed. 4. Creditors’ Voluntary Liquidation If a business is no longer viable, the directors and shareholders can close the business and deal with its debts by placing it into liquidation. A Liquidator would be appointed with the role of selling or collecting in the assets and distributing the funds to the relevant parties. A Liquidator must be a licensed Insolvency Practitioner. 5. Compulsory Liquidation An application to Court can be made, typically by a creditor, for the liquidation of a company. The process can take a long time to complete, but as soon as the matter is advertised in the London Gazette the bank account of the business will normally be frozen. If the Court agrees that a Liquidator should be appointed, the Official Receiver or Insolvency Practitioner (in Scotland) initially takes control of the business, closes it down and its assets are sold. The Top 20 Charge holders Most Recent Chargeholder Admin Orders Liquidations Receiverships Grand Total National Westminster Bank PLC 141 890 2 1,033 Lloyds Banking Group 228 704 18 950 HSBC Bank PLC 145 665 0 810 Barclays Bank PLC 132 645 3 780 The Royal Bank of Scotland PLC 101 359 7 467 Bibby Financial Services Limited 114 326 0 440 Lloyds TSB Commercial Finance Limited 55 329 1 385 Clydesdale Bank PLC 92 202 4 298 RBS Invoice Finance Limited 30 135 0 165 Midland Bank PLC 16 104 1 121 Aldermore Bank PLC 32 85 0 117 AIB Group (UK) PLC 30 62 5 97 Santander (UK) PLC 24 40 0 64 Close Invoice Finance Limited 23 35 0 58 RBS Group 12 43 1 56 Bank of Ireland 20 25 1 46 ABN Amro Commercial Finance 14 31 0 45 Northern Bank Limited 12 28 3 43 HSBC Invoice Finance (UK) Limited 11 28 0 39 SME INvoice Finance 17 22 0 39 Others 860 2,032 24 2,916 No Charge 374 11,021 2 11,397 Grand Total 2,483 17,811 72 20,366 Connect to rsmtenon.com 7
  • 8. Corporate Insolvency Review The sectors with the highest number of company failures in 2012 Business Services 5,223 Construction 3,452 1,812 Hospitality and Tourism Public Services 1,595 Property 1,596 Retail 1,393 Wholesale 848 Vehicle Manufacturers and Distributors 612 Transport Services 500 Engineering Manufacturers 441 0 1,000 2,000 3,000 4,000 5,000 6,000 The above bar chart is the sector insolvency breakdown for England and Wales. These sectors represent 84% of corporate insolvencies in 2012. Note: The above chart does not include Scotland Business Services includes: Renting of machinery/equipment; Management Activities; Public Relations; Design Services; Packaging Activities; Legal and Book keeping services; IT Consultancy; Repair of Goods and Industrial Cleaning. 8 Sector and Insolvency Review Winter 2012
  • 9. Sector Insolvency Review (2012) Sector 2012 insolvencies compared Commentary to 2011 Retail Same There were approx. 1,330 corporate insolvencies in the retail sector during 2012 (the same as in 2011) however there was an increase in well-known names such as JJB Sports, Comet, Clinton Cards, Jessops, HMV and Blockbuster to name just a few. According to the British Retail Consortium (BRC), more than one in ten shops are empty with the worst regions being in Wales, the North and Yorkshire where approx. 15 per cent of premises are empty. Many are still fighting low footfall figures, stagnating sales and rising costs. It will be interesting to see the first quarter’s retail insolvency numbers in 2013 after the significant discounts of approximately 70 per cent by some retailers in the run up to Christmas and the New Year sales. Construction Same Even though there are plenty of cranes in the skyline in London, the construction sector outside the capital is dead. Commercial building, the lifeblood of most large firms, has failed to recover from the financial crisis. It is clear to see that many projects are still on drawing board and being stalled. Civil engineering has suffered from a lack of infrastructure improvements after nearly a £30bn cut in public investment. However, the levels of insolvencies have remained very similar in both 2011 and 2012. Manufacturing Up Industrial output was at its lowest level since May 1992 in December 2012 and manufacturing was 20 per cent down on its peak. The domestic market continues to be a challenging one and the balance of payments on export sales have turned negative for the first time since the 2008/09 recession. Companies that have a high degree of exposure to European markets were particularly hard hit during 2012. The sub sector with the largest increase in the number of insolvencies was Pharmaceutical, Medical and Toiletries (Up 45 per cent followed by ‘Other Manufacturing’ with 28 per cent). However, electronic and technology and engineering manufacturers actually dropped compared to 2011, 15 and 13 per cent respectively. Hospitality Up 6% Consumer confidence and spending continues to fall as more people are being cautious and and Leisure controlling their budgets/spending, which has had a detrimental impact on this sector. Pubs and other leisure related businesses are suffering most due to the drop in discretionary spending. Even though there has been a slow recovery in tourist numbers due to the Olympics and other sporting events, as a whole the sector outside London is on a knife edge. Business Down 8% Despite the volume of insolvencies reducing in 2012 compared to 2011, this sector is still in Services a precarious position. Companies are trying to reduce their spend on external suppliers, impacting significantly on marketing, book keeping PR and IT firms. Over 45,000 companies in this sector are currently at high risk (7%) but this is still lower than the average which shows many business service businesses were lost in between 2008 - 11. Approx. 5,200 business service companies were subject to insolvency proceedings during 2012. Professional Same Many professional service businesses are extending their service range to include more consultancy Services advice to support their core services. The market is demanding more support to ensure their survival in the current times. Therefore, professional service firms must become as efficient as possible by delivering the best bespoke service but at the lowest cost to the firm. In 2012, the fee income for the top 50 accountancy firms actually increased 1.5% in real terms. Connect to rsmtenon.com 9
  • 10. Corporate Insolvency Review Sector Insolvency Review (2012) Sector 2012 insolvencies compared Commentary to 2011 Agriculture Down 8% The adverse weather during 2012 made for a poor harvest and as a result the the agriculture sector was adversely affected. Low domestic crop yields combined with a severe drought in the US have contributed to increasing commodity prices that have partially offset arable agricultural sector losses. However these prices have had a knock on effect throughout the food chain ultimately resulting in increasing food prices for the consumer. Due to its reliance on this sector, Scotland’s agriculture and agrifood sector was particularly affected but overall the volume of insolvencies dropped compared to 2011. Transport Down 12% For the majority of 2012, the price of fuel was a constant and major cost pressure in the Transport sector. In December 2012, unleaded fuel was 2.75p a litre more than in December 2011* which highlights the cost pressure this sector has. Wholesale Down 15% There were 848 insolvent businesses in the wholesale sector during 2012, accounting for 1.3 per cent of companies within this sector. However, the number of businesses showing signs of distress has increased by 2,647 when compared to 2011. Therefore, there is potential for an upsurge in insolvencies in the latter half of 2013 as pressure mounts on them. Finance Up 12% 253 Financial Services businesses entered into an insolvency process during 2012 which is a 32% decline when compared against 2009. Of the 41,000 businesses in this sector, over 4,800 businesses are showing signs of significant distress. Despite many companies in this sector being hit in 2008-09, the sector still struggled to maintain service levels and is expected to continue to struggle as clients demand more advisory services with limited uplift in costs. Business Services includes: Renting of machinery/equipment; Management Activities; Public Relations; Design Services; Packaging Activities; Legal and Book keeping services; IT Consultancy; Repair of Goods and Industrial Cleaning. *According to the AA - www.theaa.com/motoring_advice/fuel/ Business Services had the largest number of insolvencies in 2012 representing 23% of all insolvencies nationally. Despite being 8% lower than 2011. 10 Sector and Insolvency Review Winter 2012
  • 11. Sector Trends 1,800 1,600 1,400 1,200 1,000 Business Services Construction 800 Engineering Manufacturers Hospitality and Tourism 600 Property Public Services 400 Retail Transport Services 200 Vehicle Manufacturers and Distributors Wholesales 0 2009 2010 2011 2012 Total Number of Insolvencies by Region 1,343 2,500 1,372 East Midlands East of England 2,075 London North East 545 North West 5,233 Scotland 1,354 South East South West 2,419 Wales West Midlands 810 Yorkshire and The Humber 1,379 3,108 *The source of the Scottish figures is Accountant in Bankruptcy website Connect to rsmtenon.com 11
  • 12. Corporate Insolvency Review Expectations for 2013 According to RSM Tenon’s Tracker system 210,002 (December 2012), approximately 9 per cent of companies nationally were showing signs of distress and significant financial issues. This is a rise of 2.7 per cent compared to December 2011. Therefore, despite the decreasing volume of insolvencies, the number of businesses teetering on the edge is actually increasing. Due to low interest rates, many business owners are just able to service the costs of their debts; however, we expect demand for external finance to increase for a number of companies in the next year. It is expected that only medium to large sized businesses are likely to apply for more funding, as smaller businesses (under a turnover of £3m) will focus on debt reduction and maintaining their cash flow. The Chancellor’s Autumn Statement focused on measures that will support investment and exports. £13 million of funding has been awarded by the Government to help 10,000 more British firms export. The funds will go to UK Trade & Investment (UKTI) to help more companies make contacts and sell to overseas markets. The majority of the investment – up to £9 million – will go directly towards boosting trade opportunities for SMEs. In addition, £2.5 million will be invested in helping firms access and win some of the many high-value opportunities that UKTI has identified globally. Over half of the monetary value of the UK’s exports comes from SMEs. The new investment comes as part of a drive by the Government to boost exports for UK firms and achieve its ambitions to double UK exports to £1 trillion by 2020 and get 100,000 more companies exporting. Despite the actions by the Government, RSM Tenon’s business barometer survey which interviewed 500 business owners in December 2012 on various topics, found that nearly 60 per cent of SME’s surveyed thought the Government was failing to help them to export. The most worrying statistic from the survey was that more than half of smaller businesses who could export goods have not even considered exporting despite the Government’s efforts to support and encourage it. The machine at the heart of the Eurozone is spluttering; the Bundesbank has sliced more than one percentage point off its forecast for economic expansion in Germany in 2013, reflecting the severe after effects of the sovereign debt crisis. This shows Germany is no longer immune from the downturn and it saw its industrial and manufacturing performance falling dramatically at the end of 2012. Without a confident or expansive Germany, it is almost certain the Eurozone’s double dip recession will continue in 2013, dragged down by severe contractions in the southern states. Over 50 per cent of the UK’s export trade is to European countries, so with their current difficulties, exporting may not grow as quickly as the Government would like. Therefore, the Government needs to also focus on emerging economies in Asia, Africa and South America. 2013 will be another challenging year as the Eurozone is unlikely to offer little in the way of growth opportunities and some even fear a global slowdown. Only those businesses that can innovate, offer new products and compete in faster growing markets and diversify into global supply chains will be successful. Overall 2013 will be very similar to 2012 in terms of insolvency, much lower than expected despite the weak economy due to low interest rates, bank and funder leniency and the ability of some high risk businesses to teeter on the edge. 12 Sector and Insolvency Review Winter 2012
  • 13. Sector Insolvency Review Using RSM Tenon’s Tracker system, the chart below shows the volume of businesses within each sector that are deemed to be at high risk. Sectors with the highest risk of insolvency (over 3,000 businesses) 50,000 45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 Business Services Construction Hospitality and Tourism Public Services Property Retail Wholesale Transport Services Vehicle Manufacturers and Distributors Publishing and Printing Finance Communications The above highlights the fact that the sectors which are dependent on discretionary spending or are Other Manufacturing dependent on Public Sector or Government contracts are the ones which are struggling the most. When looking at the sectors with the largest percentage of businesses at high risk of insolvency, the figures change to: Furniture Manufacturers (37%); Textile Manufacturers (30%); Publishing and Printing (23%); Construction (22%) and Food and Drink Manufacturers (22%). However, these should be looked at with caution due to the number of businesses within each sector. Factors which could cause an increase in UK Insolvencies In 2013 n Lower discretionary spending from frozen wages, increase in retail price inflation and under employment n Increased level of unemployment n Actions by the US or other European countries could cause an impact on UK trade n Increase in interest rates – but this is very unlikely! n Businesses that are dependent on exports into Europe but are hit by new occurrences in the Eurozone n Private sector not developing commercial buildings or cancelling plans for new developments especially retail parks Connect to rsmtenon.com 13
  • 14. Sector Insolvency Review Sector expectation 2013 Sector 2013 expectation Commentary Retail Same The average number of insolvencies in the retail sector has been approx. 1,400 per year since 2009 and we expect this to continue. The loss of some high profile retailers is set to continue in 2013 as consumer confidence remains fragile and discretionary spending is low on the high street. Even with lower inflation – consumers seem to prefer to pay down existing debt or save rather than spend. 2012 Christmas trading appears to have been reasonable, though not spectacular and not enough to prevent insolvencies in the first quarter of 2013. The rise in cheaper internet suppliers and online/mobile sales is also having a detrimental effect on retailers especially if they cannot compete on price or do not have a successful online presence. Retailers must be able to compete across all channels. Construction Up The construction sector will find it tough in 2013 as the true effect of the Public Sector cuts become apparent. The pressure will be eased if planned public sector projects start, or if the private sector creates some new opportunities. The hopes of the construction recovery lie with the private sector, notably housing, commercial and industrial. The main forecasting bodies (CPA and Experian) both believe there will be marginal growth in 2013, which could create approx. 3% growth in 2014-15. One notable change in 2012 which will continue in 2013 is the move by the larger contractors towards smaller projects in order to fill capacity. This will cause smaller contractors to struggle further and we expect more to fail. Manufacturing Up Forecast growth in manufacturing output for 2013 halved from 1.5% to 0.7%. The sector witnessed a further weakening in output and orders at the end of 2012, proving tough trading conditions will linger in 2013. Hospitality and Up Whilst London had a bumper year outperforming the other regions in 2012, 2013 will be a different Leisure story. We expect to see a ‘post Olympics’ dip which is likely to be amplified in the hotel market where capacity had been increased to cover the volume of visitors. Generally, consumer spending will remain subdued and Sterling’s weakness will reduce the affordability of overseas travel. However, domestic leisure and tourism operators should provide some positive growth. Business Services Same This sector has averaged around 1,380 insolvencies a quarter since 2009. (Peak was 1,622 in quarter 2 2009). We expect that this sector will continue to struggle as they are exposed to sectors that are seeing particular difficulties themselves, so are cutting their cloth to stay afloat. Niche players in difficult markets will need to seek alternative sources of revenue to spread the risk. Professional Up Despite there being some improvement in trading for professional services firms over the last two Services years, we feel the expected hard times and downturn in 2013 will have a negative impact on firms in this sector. Fiscal tightening will pose a significant challenge to numerous professional firms for which public sector demand is a key source of income. The changing and complex regulatory environment and shift in emerging markets will represent longer-term challenges and opportunities for legal and audit firms. Property and construction professionals have little to cheer about in 2013 due to the subdued housing and commercial property market conditions.. 14 Sector and Insolvency Review Winter 2012
  • 15. Sector 2012 insolvencies compared Commentary to 2011 Agriculture Up marginally Those in agriculture and agrifood will be praying for some good weather in 2013 to ensure they do not have another challenging year. The need to be able to harvest good quality crops and have wider margins on livestock will be make or break for many this year. Transport Same Thankfully there is some hope for hauliers and road related public transport in 2013 as the planned 3p tax rise on fuel was cancelled by the Chancellor in December 2012. However, activity in the overall transport sector will continue to be slow and will continue to be so in the short-medium term whilst the Government’s austerity measures are in place and the economic growth is weak. Wholesale Up Many sectors are experiencing price squeezes resulting in lower margins available for those throughout the supply chain. The fight between producer and consumer over pricing combined with extended credit is likely to place increasing pressures on intermediaries. Finance Up As over 10 per cent of businesses are still showing signs of financial distress, it is likely more will falter during 2013. The constant changes in the market as well increased regulation, squeezing margins and competition in insurance services is proving far too hard for some. Business Services includes: Renting of machinery/equipment; Management Activities; Public Relations; Design Services; Packaging Activities; Legal and Book keeping services; IT Consultancy; Repair of Goods and Industrial Cleaning. Connect to rsmtenon.com 15
  • 16. Personal Insolvency Review Annual Personal Insolvencies (Includes both Scotland, England and Wales for completeness). 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 2006 2007 2008 2009 2010 2011 2012 From the peak in personal insolvencies in 2009 when nearly 160,000 people entered into an insolvency arrangement, the volume has steadily decreased in 11 out of the last 12 quarters to just under 130,000 in 2012. In England and Wales, IVAs represented 41 per cent of the market in 2012 followed by Debt Relief Orders (29 per cent) and then Bankruptcies (30 per cent). In total there were approximately 112,000 personal insolvencies with 48 per cent being women. Both women and men prefer to use an IVA, but out of the other options, men prefer to choose a bankruptcy rather than a Debt Relief Order which may be down to the higher levels of debt they have. Personal Insolvency comparison graph in England and Wales 2006 - 2012 25,000 20,000 15,000 10,000 Bankruptcy 5,000 Debt Relief Orders IVA’s 0 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 2006 2007 2008 2009 2010 2011 2012 16 Sector and Insolvency Review Winter 2012
  • 17. Bankruptcies have had a marked drop from over 20,000 in quarter 1 2009 to just 7000 in quarter 4 2012. In fact, bankruptcies were actually overtaken by Debt Relief Orders for the first time in quarter 3 in 2012. Personal Insolvencies by Age Group in England and Wales (2012) 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 Bankruptcy 2,000 Debt Relief Orders IVA 0 18 - 25 26 - 35 36 - 45 46 - 55 56 - 65 66+ In 2012, the 36-45 age group had the most personal insolvencies with nearly 32,000 people. Approximately 15,000 people of this age group used an IVA solution with bankruptcies representing 9,800 and Debt Relief Orders 7,400. The 46-55 age group had the second largest number of personal insolvencies with over 26,000 followed closely by the 26-35 age group with 25,400. Connect to rsmtenon.com 17
  • 18. Personal Insolvency Review Personal Insolvencies by Region Scotland 18,600 insolvencies (est.) Position: 1st North East 14.8% of total 6,625 insolvencies insolvencies Position: 10th 5.3 per cent of total insolvencies North West 14,961 insolvencies Yorkshire and Position: 2nd the Humber 12 per cent of total 11,062 insolvencies insolvencies Position: 5th 8.8 per cent of total insolvencies East Midlands 9,400 insolvencies West Midlands Position: 7th 10,837 insolvencies 7.5 per cent of total Position: 7th insolvencies 8.6 per cent of total insolvencies East of England 10,845 insolvencies Position: 5th Wales 8.8 per cent of total 6,484 insolvencies insolvencies Position 11th 5.1 per cent of total insolvencies London 9,244 insolvencies South East Position: 9th 14,374 insolvencies 7.3 per cent of total Position: 3rd insolvencies South West 12,531 insolvencies 11 per cent of total Position: 4th insolvencies 10 per cent of total insolvencies Note: Position refers to the volume of insolvencies compared to the rest of the UK An IVA in Scotland is a Trust Deed and a Bankruptcy is a Sequestration. 18 Sector and Insolvency Review Winter 2012
  • 19. Scotland Personal Insolvencies 4,500 4,000 3,500 3,000 2,500 2,000 1,500 Sequestrations excluding LILA 1,000 Total sequestrations 500 Protected Trust Deeds 0 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 2005 2006 2007 2008 2006 2009 2010 2011 2012 Source – Accountant in Bankruptcy (AIB). On 1 April 2008, Part 1 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 came into force making significant changes to some aspects of bankruptcy, debt relief and debt enforcement in Scotland. This included the introduction of the new route into bankruptcy for people with low income and low assets (LILA). Sequestrations sat around the 11,000 level in 2012 which is much lower than the peak in 2009 (over 14,000). The change in legislation in 2008 obviously had an impact in the number of people entering an insolvency arrangement as it allowed more people with low incomes and low assets (LILA) to enter into an insolvency arrangement. The graph above highlights the impact this legislation made with the large increase from approximately 1500 at the end of 2007 to over 4000 by quarter 3 2008. Connect to rsmtenon.com 19
  • 20. Personal Insolvency Review Expectations for 2013 Talk of double dip recessions, uncertainty on the high streets and less cash in our wallets are all signs of the times, however, another is the consistent levels of personal insolvencies with approximately 25,000 to 28,000 every quarter during 2012. This level of insolvencies is set to continue in 2013 which is by no means close to the levels we hit in 2009 (approximately 160,000 or nearly 40,000 per quarter). Before an insolvency procedure is arranged, an individual can sign up for a Debt Management Plan (Debt Arrangement Scheme in Scotland) to help them arrange their finances to avoid their debts spiralling further. However, a lot of people in the last two years have taken a DMP only to be moved to an IVA once they have proven their ability to meet regular monthly commitments to their creditors. Individual Voluntary Arrangements which usually require the individual to pay creditors over a five year period decreased by 8 per cent in 2012 compared to 2011, which shows that people are less confident about their long term employment prospects. If people lack confidence or are miss sold Debt Management Plans, IVAs will continue to fall. However, due to their very nature, i.e. being dependent on how confident people feel, 2013 is likely to see peaks and troughs and we expect by the end of the year IVAs to remain around the 40,000 level. Debt Relief Orders surpassed bankruptcies for the first time in 2012, not signalling the end of bankruptcy, but proving that more people are becoming desperate with debts of less than £15,000, a sum which may seem low to many commentators but which is a mountain of stress for those with no means to pay it. DROs will continue at these record levels this year, overtaking bankruptcies as they continue to decline, but we do not think they will materially increase. Bankruptcies will continue to trickle downwards in 2013, due to relatively low levels of full (as opposed to part time) unemployment, very low interest rates continuing to underpin home owners, lack of new credit (so no new over spenders) and increasing use of Debt Management Plans/Debt Arrangement Schemes. More and more people will be on a tight budget in 2013 and for those with high debts, they will be hoping for creditors’ forbearance. The introduction of the Universal Credit will also amplify the problems for people on low incomes. Those who live in low income areas, where many are on benefit, will now be expected to contribute towards Council Tax from their household budget where in 2012, Council Tax was previously covered by benefit payments. This small step will exacerbate problems for many. In conclusion, despite the reducing levels of personal insolvencies in 2012, millions of people are still carrying debts taken on before the credit crunch, struggling to balance their monthly household budgets. In the last few years, the low interest rates have helped homeowners but provided no clear way out. Therefore, consumer debt levels are not reducing – in many households they sit there, the elephant in the room, stopping families getting on with their lives. 20 Sector and Insolvency Review Winter 2012
  • 21. Contact us Should you have any questions about the content of this report please contact: Phillip Ward, Senior Marketing Manager E phillip.ward@rsmtenon.com Extracts of these statistics and commentary may be reproduced subject to the following conditions: n No commercial or financial gain is made from the reproduction n Acknowledgement of RSM Tenon as the provider of the information is mentioned in the reproduced document About Restructuring W www.rsmtenon.com E restructuring@rsmtenon.com Website details Business Finance – www.findingfinance.co.uk Tracker – www.tracker-online.co.uk Our online Tracker system provided the data for this newsletter. Tracker uses a variety of data sources including all registered UK companies, Mortgages and Charges, CCJ’s, Administration Orders and the IVA and Bankruptcy register. To find out more about how Tracker can support your business: E sales@tracker-online.com T 0207 448 7725 W www.tracker-online.com Connect to rsmtenon.com 21
  • 22. What happens in the real world www.rsmtenon.com Restructuring and Insolvency services are provided through RSM Tenon Limited and our Insolvency Practitioners are authorised to act in this capacity by their individual licensing bodies. Partners and staff acting as Administrative Receivers and Administrators act as agents of the company over which they are appointed and contract without personal liability. RSM Tenon Limited is a subsidiary of RSM Tenon Group PLC. RSM Tenon Limited is an independent member of the RSM International network. The RSM International network is a network of independent accounting and consulting firms each of which practices in its own right. RSM International is the brand used by the network which is not itself a separate legal entity in any jurisdiction. RSM Tenon Limited (No 4066924) is registered in England and Wales. Registered Office 66 Chiltern Street, London W1U 4GB. England. BWF02650113