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Inside advice from the KSA team

This is real advice we give to our clients who ask for our help.

Please feel free to browse and see if any topics match your situation. Or, if you wish to speak to a turnaround expert directly about a specific issue, contact us on 08009700539 or email us at help@ksagroup.co.uk. Please note that some details have been changed to ensure confidentiality. The advice below is specific to each situation; we accept no responsibility if you rely solely on this without contacting us first. 

Company worried about loans and shareholders implications

As we discussed the directors are in control of this process of assessment of the rescue and insolvency options and making decisions about the company’s future. The company is insolvent and cannot meet its creditors liabilities as and when they fall due. There are two directors at Companies House and they must make decisions that maximise the interests of the whole group of creditors, be they secured or unsecured creditors. They cannot prefer one creditor, group or shareholder to satisfy their demands. I very quickly took you through the options including compulsory liquidation, .. 
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Partnership Problems

• Keith F Steven Hello. How may I help you? • Client I'm looking for some advice on if we were to bankrupt our firm there is a partnership of 3 family members • Keith F Steven Good morning. Is this a normal partnership • 10:57 am Client It's a ******* firm with grandad son and grandson partnership • Keith F Steven ok is the business viable or is it failing? • Client Failing not enough to pay of finances and machines not valued at the pay off price • Keith F Steven You could ask the lenders to restructure the debts/ payment over a.. 
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I want to dissolve the company

The company has debts of £35,000 so it is highly unlikely that the creditors (particularly HMRC) will ALLOW a dissolution. The two other options are creditors voluntary liquidation (CVL) and compulsory liquidation. If the company has no stock or assets that could cover the cost of voluntary liquidation, then either the director pays for this or the company writes to all known creditors and states it has ceased trading. This “invites” legal action to wind the company up through the High Court. If the creditors do not wind the company up then there is a.. 
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Directors Disqualification Questions

Client Hi 10:11 am am the Director of a Development Company and I entered in to a Joint Venture with a person who is a disqualified Director. Robert Moore I see go on Client He did not disclose this information, neither did his solicitor who knew of his disqualification and my solicitor did not check on his credentials. The agreement was for him to obtain planning permission on a site that my Company owns and when planning was obtained he had the option to take up 50% Shares in my company and a Directorship. As he could not be a director his partner took up the role and 25% S.. 
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Advice on Administration

Hello. How may I help you? Client We are close to becoming insolvent as a company. We currently are in advanced negotiations with external investors who will take a 505 stake in our business. Are we better of agreeing a CVA or going for a full insolvency and starting a new co debt free Hi, I will need to ask a few questions before establishing what is the best route to take. Do you have a number I can call you on? its sometimes a bit easier to talk on the phone, but fine to continue with the online chat if its not convenient to talk? Client Currently on a train in the qu.. 
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CVA advice on an online chat

Keith F Steven Hello. How may I help you? good morning Client in a CVA what happens if a creditor has a personal guarantee from a director and insists that this is honored even if the CVA is agreed by the other creditors Keith F Steven a guarantee is just that a guarantee and the guarntor needs to pay or do a deal. This is quite common especially with new forms of lending such as Funding Cicrcle what we do is discuss this with directors and creditors. Sometimes for example 50p in £1 is paid by company and 50p in £1 by directors sorry about typing who is.. 
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Setting up a new website from old company

Hi, my company is going through insolvency, I am trying to earn money by setting up a sole trader account. I’d like to know if we can re direct the old website to the new company. We did not own the website, our marketing company does and they said they are happy to re design and host my new site free for a year. I just want to check this is not illegal to do so? Thanks for your query. Ordinarily I would recommend getting permission from the liquidator or the Court if the transfer of the trading name was to a new limited company. Failure to so do could constitute a breach of s216.. 
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Dissolution query

Hi, I purchased your dissolution manual just before Christmas and I’m finding it very informative. We did speak at the time very briefly and you did say should I have any queries to send them your way. Therefore I trust you don’t mind. I’m thinking of closing a company via the dissolution route. They don’t have many creditors perhaps 5 totaling some £10,000. HMRC being one of them. The company have assets totaling approx £12,000. However the company owes the directors nearly £29,000 in start up loans they initially put into the comp.. 
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What about creditors outside the UK

Can a CVA bind a creditor outside the UK? Yes as the law applies to the company and they owe a UK company!.. 
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Overpayment problems

As discussed the company had a profitable past and has a viable future, it is however insolvent currently and has a large overpayment problem with a factoring company We agreed that administration, pre pack and liquidation would not generate a good outcome for any of the creditors, but a profitable business going forward could repay a percentage of those secured and unsecured debt over time. You have read the KSA CVA guide and think that that (CVA) would be an option to deal with the insolvency issues. We discussed the fact that a CVA does not normally include the secured creditors. .. 
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