Should my company go bankrupt if it has debts?
Firstly is your business actually insolvent. Are your liabilities more than your assets? Can you pay your debts as and when they fall due? If you can answer yes to either of these questions then you are insolvent. It may be that you wish to liquidate your business. If so this can be achieved in as little as three weeks, from calling a meeting, to the vote to wind up the company. It may be possible to pre-pack a sale of the business. This can be done via a liquidation or more usually via an administration. An administration is a procedure that ring fences a business, and gives it court protection whilst a solution to the company debt problems are worked out. In an administration, the directors relinquish control of the business, so that the Insolvency Practitioner who has been appointed as the administrator, can see if the company can enter a Company Voluntary Arrangement or a CVA, whether the business can be sold as a going concern, or whether the administration can generate a better return than would be achieved in a liquidation. In many administrations now the Administrator will agree the sale of business to interested parties which will complete immediately on the company going into administration. Effectively the going concern business including staff and contracts and often premises, will transfer over to anew company vehicle and trade as though nothing had happened. The debt ridden company will be left behind and the creditors of that business will receive their dividend from the sale proceeds generated by the transfer of the old business to the new company. If the existing management are successful in buying out the business, this may be a way for them to save a business from an insolvent company. That way jobs and services are saved and maintained. If you feel that you may benefit from such a solution, seek out proper advice from and insolvency practitioner or debt advisor. About Author Steve is a qualified solicitor who specialises in debt solutions for businesses and companies alike. From pre-pack administrations to walk through bankruptcys he is always free to talk to. Disclaimer: Article submitters are solely responsible for the content of their articles. ArtiLib can't be held liable for the contents of the articles. Report Abuse | Browse By Category |
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