Business Rescue and Insolvency

What might be causing business failure?

Your company may be failing for all kinds of reasons.  It could be suffering severe problems as a consequence of COVID. There might be cash flow problems, employee or management issues, lack of funding, over-expansion, or any number of problems specific to your particular industry and sector.

Are you facing possible Business Insolvency? Prompt action is the key

Here at METTLaw, we have many years’ experience of supporting businesses in trouble. The advice we give can make the difference between your company’s failure or success.

The key factor, ignored by so many businesses, is leaving it too late to ask for help. The sooner you respond to the difficulties you’re facing, the more options will be open to you. Burying your head in the sand is not one of those options.

We have the skills and expertise you need to analyse the issues you’re facing and to look at your consequential options. As soon as you feel your company might be facing solvency issues, then get in touch.

What are my Business Rescue options?

The short answer is –  you almost always have more options than you think.

Despite short-term problems, there’s almost always a viable underlying business to rescue.

The trouble is, you’ve been so busy firefighting, you can’t see the wood for the trees. We’ll give you space and the tools to create focus. We’ll work with you to generate a successful business rescue strategy that will work for you and your business.

We’ll look at every relevant aspect of your company’s situation - the market, your suppliers, your customers and your funding situation.

Your business recovery options might include

• A review of your debtor position to support cashflow.
• Reaching an agreement with creditors, to give you breathing space to recover.
• A restructuring of the management team, and/or the employee base.
• Looking at ways of re-financing the company - whether through short-term cash injections, sale of non-core assets or by way of equity injection.
• Disposing of non-performing parts of the business.

If your company has no reasonable prospect of turnaround, then we can go over the best way to bring the company to an end, in your best interests and in the interests of the creditors.

Business Rescue and Insolvency alternatives

Company Voluntary Arrangement (CVA)

A Company Voluntary Arrangement, or CVA, is a binding contract between a company and its creditors. If yours is a viable company that just needs breathing space from creditors, it could provide the perfect solution.  It takes away the threat of legal proceedings by reaching an agreement with the majority of creditors not to take legal action. Once it’s signed, all creditors are bound by the CVA.

The benefit to the creditors is that, although they may not be repaid in full, they are likely to achieve at last some return. 

Administration

Administration is a formal insolvency process brought by your company or its creditors.  In some cases, a court makes an administration order over the company. An administrator is appointed who acts for the company during the administration.

The main purpose of administration is to rescue your business as a going concern or to provide an overall better result for your creditors than if the company were wound up.

One major benefit of putting a company into administration is that your company enjoys protection from the creditors due to a ban on legal proceedings being brought against the company while in administration.  This gives valuable breathing space to rescue your company, giving it time to recover, or time to negotiate a sale of some or all of the business or assets, which in turn can save jobs and provide a better return to creditors.

The administration procedure is only suitable for businesses that remain viable at least in part and needs some breathing room in which to trade and consider options for the business. 

Liquidation

There are three types of liquidation.

1. Members Voluntary Liquidation (MVL)
   You can go for this option if your company is solvent and want to simply close it down. A liquidator is appointed. They will collect and liquidate your company’s assets.  The proceeds will be distributed to outstanding creditors with the surplus going back to the shareholders.
2. Creditors Voluntary Liquidation (or winding up)
   This is a process brought in by your company when it is insolvent, and there is no real prospect of recovery. This option almost always means the end of trading. But it can have the benefit of allowing all involved to move on.  A liquidator is appointed to collect in and liquidate assets, which will then be distributed for the benefit of the creditors before the company is dissolved.
3. Compulsory Liquidation
   This is a process usually brought by one of your creditors without your company’s consent.  It’s often used as a last resort by one of your creditors.

Once the court winds up your company, an Official Receiver is appointed, and they, or a liquidator appointed by them, will collect in the assets and distribute them, before eventually dissolving the company.

Dealing with Business Rescue – we’re here to help

If you think any of these options might be suitable for your business, or you are facing a winding-up petition, or if you are owed money by a company, speak to us. We’ll talk you through the processes and your options in detail.

We’re always here to help.

Find out more. Call us on 0116 473 6133 or send us an email.

About our CEO

Our founder and the CEO of METTLaw, Sheikh Najam, is an experienced international lawyer and holds the following qualifications. He is a:

• Law graduate with BA Hons (Law) from Coventry University, England.
• Graduate of the 'Postgraduate Diploma in Legal Practice' from Staffordshire University, England.
• LLM in International Law from the University of London.
• MCIArb member of the CIArb (The Chartered Institute of Arbitrators).
• International Mediation Institute's IMI Qualified Mediator.
• TEP member of the Society of Trust and Estate Practitioners (STEP).

Sheikh has been exhaustively trained to deal with complex contracts, businesses, estates, and civil disputes, both domestic and cross-border.