At what point should I speak to an insolvency practitioner?

At what point should I speak to an insolvency practitioner?

October 17, 2019 by Sandra

It can be difficult to know when to seek professional help. Find out when to speak to an insolvency practitioner and discover our insolvency risk services in this helpful article.  

Whether you want to rescue your business or close a company that’s run its course, if your business is experiencing financial issues - or if there is trouble on the horizon - you need the help of an insolvency practitioner. . 

But when should you reach out for help and advice? Should you try and trade your way out of difficulty? Wait until your company needs to be liquidated? Or is it better to reach out to an insolvency expert sooner? 

If you’ve got questions about business insolvency and when to speak to an insolvency practitioner, we’ve got the answers. Read on to learn more about insolvency risk services at McAlister & Co, to discover our top insolvency advice for directors, and find out when you should make that call... 

When should I contact an insolvency practitioner?  

When considering contacting an insolvency practitioner, there are several key things to be mindful of: 

Get advice as early as possible 

Whether you’re ready to close your company or not, the earlier you seek advice from an insolvency practitioner, the better. Unexpected cash flow issues or the sudden loss of customers are warning signs that should never be ignored - and it might be that seeking professional help early could help to ensure your business remains solvent. 

Even if you plan to liquidate your business at a specific time in the future, timing the liquidation of your business could make a huge difference to you, your employees and your creditors. 

There will be a number of different ways to achieve the outcomes you desire, depending on your personal circumstances and what you are looking to achieve - so by seeking insolvency advice for directors as soon as possible, you will be able to assess all your options and decide what to do moving forward. 

Whether you are looking for help so that you can rescue your business or are planning ahead for liquidation, it’s never too early to seek advice. After all, taking action quickly could be the difference between a positive outcome and having to close your doors for good. 

Don’t forget your duties as a director 

As a company director, you have certain obligations to your creditors, staff, and shareholders - especially when your business is under threat. In these circumstances, as soon as you know your business is insolvent, you should always put the interest of your creditors first. 

This might mean continuing to trade if it puts you in a better financial position, or it might mean liquidating the business as soon as possible. By consulting an insolvency practitioner, you’ll be able to carefully plan your next steps. 

Prioritise your creditors 

Enlisting the help of an insolvency practitioner can guide you through this challenging time. Firstly, you will be able to protect yourself from any wrongful trading claims, whilst enlisting the help of an insolvency practitioner also allows you to demonstrate your commitment to prioritising your creditors. 

Should you need to close down your company, they will be able to advise you on the best time to do so that works on both a personal level as well as ensuring maximum funds are available to your creditors. 

Assess the options available 

The sooner you seek advice from an insolvency practitioner, the sooner you will be able to explore the different options open to you and your company. Depending on your situation, your options might include: 

1. Pre-Pack Administration 

A pre-pack administration is essentially when you close down and subsequently restart a company. This allows the directors to purchase the goodwill and assets of the company to restart.

2. CompanyVoluntary Arrangement (CVA)

A company voluntary arrangement gives you some much needed breathing space, allowing you to protect a struggling business whilst a solution is found and then repay your creditors out of future profit. 

3. Creditors’ Voluntary Liquidation (CVL) 

If your company is insolvent, you can close the door and walk away. With a creditors’ voluntary liquidation, your creditors will be dealt with, leases will be cancelled, and all loose ends will be tied up. 

4. Members’ Voluntary Liquidation (MVL) 

Also known as solvent liquidation, this is when a company has money but has served its purpose and needs to close. A members’ voluntary liquidation will ensure  share value is distributed to directors in the most effective way. 

insolvency advice for directors

How licensed insolvency practitioners McAlister & Co can help 

McAlister & Co are licensed insolvency practitioners who have years of experience providing business and insolvency advice to directors, sole traders, and partnerships. From insolvency risk services to business rescue and more, our experienced team can help you: 

  • Deal with staff and unpaid wages 
  • Deal with your creditors 
  • Deal with bailiffs, solicitors, and court officials 
  • Safely close a company and restart 
  • Obtain the valuation of business assets 
  • Help protect your family home and personal assets 
  • Negotiate with HMRC on your behalf 

Financial difficulty can be a very stressful time and can feel like an incredibly lonely place - but it doesn’t have to be this way. For FREE initial advice and insolvency risk services for directors, contact McAlister & Co today for a no-obligation consultation to discuss your situation. Our experienced team is always happy to help and advise. 

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Filed Under: Business Insolvency

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