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Merry Christmas!

KSA Group would like to wish all our friends and clients a Merry Christmas and a Happy New Year! We hope you all have a fun and relaxing break. 

Christmas Opening Hours

Our offices will close at 5:00pm on Wednesday 23rd December 2015, re-open at 9:00 am on Tuesday 29th December 2015, close at 5:00pm on 30th December 2015 and then re-open at 9:00 am on Monday 4th January 2016. 

For all urgent enquiries, please call 0800 9700539 and leave a message. We will get back to you as soon as possible.

Insolvency jargon explained

Insolvency law can be complex and usually involves unfamiliar processes for directors and creditors. Like many other professions, there is quite a lot of jargon and a lot of information to take in. Below, we explain a few general terms used in insolvency:

Administration – This is a type of insolvency procedure and often the most reported on in the news. 

Usually large companies with significant debt or those threatened with legal action will call in the administrators to protect the business. The appointed administrators, usually licensed insolvency practitioners, will take control of the business and review viable options going forward.  This could mean the sale of the business or exit into a debt repayment plan, like a company voluntary arrangement (see below).  

Visit our administration page for more information on the process.

Bankruptcy – Often associated with companies, this actually only refers to individuals who are in debt and cannot pay his/her creditors. Those who declare themselves bankrupt cannot be company directors during the bankruptcy period. 

Company Voluntary Arrangement (CVA) – This is a deal between the company and its creditors whereby debt is repaid in instalments over a set period of time, usually three to five years. Directors stay in control of the company and the business continues trading. Read more on CVAs...

Creditors Voluntary Liquidation (CVL) – When a company is no longer viable and owes debt to creditors, the company can go into liquidation. The business and assets are sold and turned into cash for the creditors. Only creditors can appoint a liquidator (hence the name), however directors can initiate proceedings.

Distraint – An old term used for the process of seizing goods from the business premises after the company has failed to pay its debt. Directors first receive a Notice of Enforcement (see below) and are giving seven days to pay what it owes or court officers have the right to take control of the goods. View our page on the process here

Insolvency – A term used to describe a business that’s in debt and unable to make payments as and when they fall due. Check out our insolvency test page

Insolvency Practitioner – This is a professional specialising in insolvency and licensed by a membership body, for example, the Insolvency Practitioners Association to act as an administrator or liquidator. 

Moratorium – This is a period of time when certain actions cannot be enforced. For example, legal actions against an insolvent company are not allowed if there is a moratorium in place. 

Nominee –This is the term for a licensed insolvency practitioner who is dealing with CVA/IVA proposals and handles all the legal work for the client.

Notice of Enforcement – This is presented to a business that has failed to pay its debt, notifying they have seven days to pay. If the debt has not been repaid after this time, enforcement offers can take control of the goods.

(Also see distraint).

Official Receiver – This is a civil servant employed by the Insolvency Service and the court to handle winding up orders or bankruptcies.

Personal Guarantee – Often landlords and lenders request a personal guarantee (PG) before willing to proceed. If there’s a default, the personal guarantee can be called in and the debt must be repaid personally by the director. 

Preference – Directors have a duty to act in the creditors’ best interests when the company is insolvent. If one creditor is paid before another, this is known as ‘preference’ and is in breach of the Insolvency Act 1986.

Pre-pack administration – The sale of the business to a third party or new company set up by the existing director(s). Pre-packs take place upon the appointment of administrators, ensuring everything moves over efficiently. Employee contracts are also transferred over, saving jobs. 

Receivership – A creditor, usually a floating charge holder like the bank, appoints the receiver to sell certain assets or properties of the business to pay back the debt. The company usually then goes into liquidation.

SOFA – Statement of Affairs. This is information on everything the business owns as well as assets and liabilities involved.

Trading out – this is a term used to describe a business working through its financial problems like improving cash flow or cutting costs. Directors may be able to negotiate an informal deal with creditors. 

Winding up petition – this is a legal action issued and presented to the court by a creditor, usually HMRC, when a debt has been unpaid. It is often the last resort to retrieve debt and can result in the company going into administration. WUPs are made public, therefore banks, lenders and suppliers can freeze payments or back out - leading to even bigger problems. 

Wrongful trading – this is where a director knows the business is insolvent but continues to trade and take on credit. Directors can made personally liable or even disqualified if evidence is found in an investigation. 

Visit our glossary page for more insolvency terms.

Free cash flow spreadsheet

Problems with cash flow can happen to any business, however there are simple and efficient ways to improve the situation. 

Use our free daily cash flow template to get accurate and realistic forecasts for your business and follow our company cash flow problems page for further advice on cutting costs and improving cash flow. 

You can also use our handy cost-cutting guide for tips on saving money and making the most of your finances. 

If things become too much to handle, consider an informal time to pay deal with HMRC or a company voluntary arrangement. Debt can be paid back in affordable instalments without damaging the reputation of the business. If you would like to talk through your options, call us on 0800 9700539.


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