What Does Going Into Administration Mean?

Printing

KSA Group Saves 25 jobs after pre-packaged administration sale

in Pre Pack Administration Process and Procedures What Does Going Into Administration Mean?

Eric Walls and Wayne Harrison are delighted to announce the sale of a 40 year old flexographic packaging and printing company in the Norfolk area. The business had been trading well, with sales of over £3m per annum, until the sudden loss of a major contract. The directors sought advice from our insolvency practitioners, and it was agreed that, regrettably, the company was no longer viable.Having considered all options available to the company with its directors, it was decided that a sale of the business and assets to a non-connected trade buyer was the most appropriate solution.Our team was advised by Roger Cutting of Charterfields who conducted the marketing of the business and assisted with the sale process. After a short period of marketing the business and assets including goodwill, intellectual property, stock and equipment were sold to a trade buyer in the same industry, which was not connected to the company or its directors.Eric Walls said “overall we are pleased with the sale, as we believe it achieved a better result for creditors due to the highly skilled jobs which were saved, and the novation of certain finance agreements where there was either no equity or modest equity available in the major pieces of plant & machinery concerned. We always look to the best option available, and in this particular case speed was of the essence, resulting in the use of the pre-packaged administration process”.Contact Eric Walls on insolvency@ksagroup.co.uk or call 0191 4823343

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KSA Group Saves 25 jobs after pre-packaged administration sale

Some Bonmarche stores may never reopen

in News What Does Going Into Administration Mean?

April 2021Many jobs are at risk at Bonmarché as administrators decide how many stores will reopen as non-essential retailers open their doors to the public today.Previously the retailer was part of the group owned by Philip Day, but it collapsed in October. In December, Steve Simpson, Edinburgh Woollen Mill Group COO agreed a deal to take over 72 stores and 531 staff with backing from an international consortium.RSM Advisory administrators have been reviewing the options of the retail estate throughout lockdown. Either all, or just some of the remaining 148 stores may never reopen.What will happen today as shoppers are set to return?December 2020Just months after being brought out and around a year after first falling into administration and saved via a deal with Peacocks, the fashion retailer collapses again.RSM Restructuring Advisory has been appointed to handle Bonmarches' second administration. A rescue deal is to be sought. In the meantime, all 225 stores remain open and no redundancies are to occur.The brand struggles with rising costs among dwindling footfall on UK high streets. The impact coronavirus and local/national lockdowns has brought has only worsened the issue.This being said, Damian Webb, joint administrator of RSM Restructuring Advisory, stated: ''Bonmarche remains an attractive brand with a loyal customer base.''He goes on to explain that they will work closely with management to explore options for the business.''We will shortly be marketing the business for sale, and based on the interest to date we anticipate there will be a number of interested parties.''November 2019UpdatePeacocks has been named the "preferred bidder" for the business, although further negotiations are needed before the deal is secured.However, 30 Bonmarché stores will now be closed by 11 December, the administrators said, putting up to 240 jobs at risk.Bonmarché's 285 remaining stores will continue to trade.Bonmarche, the women’s fashion chain specialising in clothing for those aged over-50, appointed administrators, FRP Advisory, leaving uncertainty for the company’s future.The chains 318 UK stores will remain open whilst a buyer is sought – with 2887 jobs at risk.Chief Executive of the Yorkshire-based chain, Helen Connolly, blames the tough High Street trading conditions for the tough decision she made, putting the firm into administration. As heard in the news, Bonmarche are not the first or only retailer to experience issues. They add to the long list of struggling high street retailers, such as New Look, Topshop’s Arcadia, House of Fraser and DebenhamsBoth refinancing and a rescue deal, known as a CVA, had been looked into. However, they came to the conclusion that neither option would benefit the business and change the challenges being faced.‘’We have spent a number of months examining our business model and looking for alternatives. But we have been sadly forced to conclude that under the present terms of business, our model does not simply work’’.Supposedly, this comes as not too much a surprise since the struggling retailer warned earlier this year that trading was deteriorating. The company has gone into administration before, in 2012, when it was rescued by private equity firm Sun European Partners.Despite the news, FRP Advisory reassured the public and all of Bonmarche's internal stakeholders, including employees, that trading will continue, and no immediate redundancies will be made.''There is every sign that we can continue trading while we market Bonmarche for sale and believe that there will be interest to take on the business.’’If you are a worried employee, please see our guide here.

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Some Bonmarche stores may never reopen

Arcadia brand Outfit is to have its stores closed down by the end of the month

in A guide for redundant employees in administration or insolvency situations News Retail What Does Going Into Administration Mean?

19 January 2021Deloitte, administrators of Sir Philip Green's Arcadia empire announce its Outfit operation will close down by the end of the month, with more that 700 jobs lost.Outfit brings all of the tycoon's retail brands, including Topshop, under one roof.It has 21 sites, mainly in out-of-town shopping destinations.In regards to other brands, so far Evans is the only which has been sold - and this did not include its store network.Next and JD Sports are rumoured to be among the competing bidders for the brands, with Topshop the most valuable and others including Burton, Wallis and Dorothy Perkins.This being said, any deal is expected to result in the loss of some jobs as the new owners are unlikely to retain the group's entire estate of around 400 stores in the current market.21 December 2020It has been announced today that Evans' brand, commerce and wholesale business has been sold to City Chic Collective for £23 million.A deal is expected to be completed on December 23, which will lay out the terms of the sale of the brands' intellectual property, customer base and inventory, to City Chic. Evan's store network will not be purchased and administrators, Deloitte state stores will continue trading for now.Evans, plus-size clothing and footwear retailer is a part of Sir Philip Green's collapsed retail empire, Arcadia.City Chic Collective is listed on the Australian stock exchange and specialises in plus-size women's fashion. It operates mainly online in the US, Australia and New Zealand.Deloitte said that the process to find new owners for the other Arcadia brands i.e. Topshop, Topman and Dorothy Perkins, was ongoing and that there has been significant interest expressed for each.30 November 2020Arcadia Group collapses into administration. The collapse of Sir Philip Green's retail empire leaves 13,000 jobs hanging on a thread. It becomes just another corporate failure from COVID-19.The retail empire operates from 444 UK sites and 22 overseas. It also has an online arm.As of yet, no redundancies or store closures have been announced. The business will rather trade as normal, with stores ready to re-open ahead of the UK lockdown restrictions being lifted this week.Appointed administrators from Deloitte begin the search for a buyer for the business.27 November 2020It has been reported by Sky News that Arcadia Group is facing collapse within days.As soon as next week, administrators from Deloitte are thought likely to be appointed to Sir Phillip Green's retail empire.Arcadia Group owns Topshop, Burton and Dorothy Perkins. 15,000 jobs are at risk.A retail industry figure said that the collapse of Arcadia is inevitable following unsuccessful talks with lenders about an emergency £30m loan.If insolvency is confirmed it is thought this will be a catalyst for creditors scrambling to get their hands on the companies assets, even its online operations!Sky News report more.14 November 2020It has been reported that Arcadia Group is in a race to secure £30m.Talks with a number of parties are underway, in hopes to get the funds needed to prop up the business after the second English lockdown halted its pre-Christmas trading plans.Without this financial backing, will Sir Philip's empire survive the coronavirus pandemic?27 July 2020The latest on the situation of Arcadia Group is that they are said to be on the verge of launching another restructure, after being battered by the coronavirus lockdown. If another restructure is launched, it would be the second for the retail giant in just over a year.According to The Sunday Times, the company recently put forward a cost-cutting plan to the Pensions Regulator. Though exact details are unknown, it is reported that Arcadia has a deficit of £727 million in its pension funds.The Retail Gazette report more.09 April 2020An update on the situation of Arcadia Group is that they are seeking £50 million worth of funding, approaching banks and hedge funds.The funding is to be for its distribution centre in Daventry, Northamptonshire, to help support the business through the coronavirus crisis.A potential lender, approached about the plan has said that the company indicated its interest in getting a deal agreed as soon as it can. Currently there is no further update as to if a deal has been reached or not.­06 April 2020Arcadia Group is rumoured to be facing a winding-up petition as it cancels orders to suppliers in a bid to stay afloat amid the coronavirus outbreak.According to a spokesperson for the company, no decisions have been made yet. But, the terms of a rescue plan which was agreed with creditors in June 2019, provided possibility of more store closures than the initially planned 22.Last week it was reported that court records showed Principle Systems, a subsidiary of marketing company Principle Global, filed a winding-up-petition against Sir Phillip Greens’ retail empire. This is likely to be resolved but indicates a bigger matter than Arcadia are joining other retailers in delaying payments to suppliers in order to conserve cash.  It is also likely that the petition wouldn't be heard for a long time anyhow with many hearings being pushed into the Summer.Principle Systems developed furniture and branding for the latest Ivy Park and Kate Moss collections in Topshop.It is also heard that Arcadia are likely to serve notice on landlords to walk away from many of its 550 stores this week.With the coronavirus pandemic hitting, there has been a dramatic fall in revenues for the business amongst other fashion retailers. Many retailers are scared that the once stores can re-open, the economic impact left with greatly reduce demand.Following the governments lockdown measures, all stores have been forced to shut temporarily. Its e-commerce arm continues, despite a small proportion of sales coming to the group this way, compared to rivals such as Next.Arcadia Group took further measures and cancelled orders with suppliers and changed payment terms on items already delivered, extending payment terms by 30 days.Last week, Arcadia Group made 14,5000 of its 16,000 total workforce furloughed, under the government’s Coronavirus Job Retention Scheme. This was for all store staff with the majority of it’s HQ employees to follow this week. Its senior leadership team and board will take salary cuts of between 25 and 50 per cent, whilst group chief executive Ian Grabiner has elected to receive no salary or benefits until the pandemic ends. With regards to fixed-term employment contracts, employees were told they would end early.The pandemic has worsened Arcadia’s problems after several years of decline and a delayed entrance to the online retail market.Background to Arcadia’s CVA:Last year, after weeks of bargaining with landlords, the group moved to paying monthly rent rather than quarterly, with large rent reductions imposed at many trading locations.The Company Voluntary Arrangement (CVA) it was under also included break clauses that allowed either the company or its landlords to break leases at certain intervals.  The agreement covered for 20 Topshop and Topman stores where the company could trigger a break clause within six months of the CVA and a further 19 where leases could be broken after a year. The locations included Westfield Stratford and provincial towns such as Doncaster.

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Arcadia brand Outfit is to have its stores closed down by the end of the month

Administration followed by a CVA

in What Does Going Into Administration Mean? What is a CVA (Company Voluntary Arrangement)?

Administration followed by a Company Voluntary Arrangement What would be the purpose of using an administrator to propose a CVA? The answer is control over aggressive creditor actions, protection from landlord actions and a moratorium to prevent future legal actions before a CVA can be proposed. Given that it can take several weeks to build a viable CVA proposal sometimes creditors may already have started legal actions such as issuing a winding up petition or enforcement action.So, it may be necessary to put the company into administration to protect it whilst the detailed forecasts and CVA proposals are prepared and to discuss the scheme with the bank and other critical creditors. Once a viable CVA scheme is ready it becomes the administrators CVA proposals not the directors. So, in effect, the CVA can be used as a method of exiting an administration.The main reason your business might want to exit an administration is for reasons of cost and control. An administration is a powerful but expensive insolvency procedure. Powerful in that it can allow the business to trade and be sold if possible in a very short time scale if necessary. Expensive though, because the administrator has to run the company in place of the directors and has complete control of all the monies in and out of the business. They will also look at how to restructure the finances and one possible option is a CVA.If a buyer cannot be found but the business is viable and it will maximize the interest of creditors then a CVA is an acceptable exit strategy. The CVA will hand back the business to the directors and the insolvency practitioner and his / her team will continue to monitor the CVA as supervisors.So how does it work?The IP, once appointed by the board, will put together an administration proposal and get external asset valuations and statement of affairs drawn up. After getting floating charge holders consent, the IP will make an application to the court stating the purpose of the administration. The company enters administration and all legal actions are stayed by the moratorium in place. The IP then calls a creditors meeting to report on his proposals for the administration and then they will prepare the CVA. The CVA will then be published to creditors (a minimum of) 14 days before a meeting is scheduled to vote on the proposal. If the CVA is approved by creditors the CVA starts. 28 days later the IP applies to the court to end the administration and usually becomes the supervisor.The directors then get on with running the company under a CVA. Of course, they can exit a CVA early as well if they want. We have had a number of our clients do exactly that.

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Administration followed by a CVA

Oasis and Warehouse likely to go into administration

in A guide for redundant employees in administration or insolvency situations News What Does Going Into Administration Mean?

17/06/2020Almost two months after Hilco Capital secured a deal to buy the Oasis and Warehouse brands, saving it from administration, we hear that the Oasis and Warehouse online businesses and their associated intellectual property would be bought by Boohoo.Boohoo has a market value of almost £4.7bn. Its portfolio of brands now moves to 9. Just last month it struck a deal to buy the minority interests in women's fashion retailer, PrettyLitttleThing.30/04/2020Today we hear that Hilco Capital, the former owner of HMV, has agreed a deal with administrators regarding high street fashion chains, Oasis and Warehouse.Hilco has agreed to buy both brands, along with Idle Man and the stock from their many outlets across the UK. So, the intellectual property assets and some stock has been sold.However, Oasis and Warehouse Group's stores are not included in the deal, meaning immediate redundancy is the case for over 1,800 staff. The staff have been told no statutory redundancy pay will be received.Since, April 22 the retailers stopped trading online because of the “rising costs of fulfilling online orders and associated logistical challenges, after appointing Deloitte as administrator the previous week.''Joint administrator of Deloitte, Rob Harding explained the sadness of having to said:  “It is with great sadness that we have to announce a sale of the business has not been possible and that we are announcing so many redundancies today. This is a very difficult time for the Group’s employees and other key stakeholders and we will do everything we can to support them through this.”15/04/2020Addressing the rumours from yesterday, it is now confirmed that high street fashion chains, Oasis and Warehouse have fallen into administration. Deloitte are the appointed administrator.92 stores and 437 concessions are affected, all these being in UK. 200 jobs have been lost with immediate effect. Around 1,800 staff, including those on the shop floor, in concessions and those at head office, will be furloughed.The brands will continue to be sold online, whilst the administrators work on finding a buyer.Chief Executive of Oasis and Warehouse, Hash Ladha explained the situation as unpredictable, shocking and difficult for all.Joint Administrator at Deloitte, Rob Harding said how the retail industry as a whole was suffering devastating effects from coronavirus."Despite management's best efforts over recent weeks, and significant interest from potential buyers, it has not been possible to save the business in its current form."It is thought that there will be interest from bidders in buying the businesses but of course with the current economic situation, it is all very uncertain.14/04/2020Oasis and Warehouse look likely to be the next casualties of the coronavirus crisis.  Sky News has reported that they are about to file an intention to appoint administrators at Deloitte, with an announcement expected later on Tuesday or Wednesday.Three weeks ago The Oasis and Warehouse Group, which is owned by the failed Icelandic lender Kaupthing, was approached for a possible sale from an unnamed buyer.  Kaupthing has managed to offload some of its brands already such as Karen Millen and Coast to Boohoo.Although there is understood to have been strong interest in a deal, the uncertainty caused by the coronavirus pandemic is thought to have made a solvent sale impossible to conclude.Both retailers support approximately 2300 jobs.The difficulty facing many retailers is stark. The High Street has already been under pressure and the creditworthiness of these companies has made them unlikely to be able to draw on the government help with respect to loans.  Yes, they can benefit from the furlough arrangement and the business rates but with high rents and creaking balance sheets it is likely that many won't be able to make it through this crisis.

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Oasis and Warehouse likely to go into administration

Advice if you supply a business that has gone into administration

in What Does Going Into Administration Mean?

We are a supplier to a company that has gone into administration, What should we do? How can you avoid getting stuck?Firstly, you need to get to know your industry. There are often tell tale signs that a business is in difficulty apart from just starting to pay late. Please see our list of warning signs of a business that is in distress. Of course, these are from the company in difficulty point of view but it should give you useful pointers. So be ahead of the news. Make sure that you know all the excuses about slow or non payment - the aim is to get paid and keep your own cash flow going. But what if the debtor has gone into administration. You need to know the law and your rights as a supplier. You have a contract with ABC LTD and on 21st December 2019, ABC LTD goes into administration, You are owed all monies up until 21st May. However of course you may not receive much of it. You must be able to provide proof of debt so make sure you have invoices to hand. The administrator should contact all creditors to inform them of the administration and inform them of a creditors meeting. Make sure you attend the meeting if you can, or get someone to attend for you. Do not supply or give credit to ABC LTD, if you continue to supply credit to this company there is a good chance you wont get paid because that company on paper does not trade anymore. Speak to the management (if a new management company has been set up), the administrators, your contacts. You need to be sure you are happy to continue to trade with the new business (out of administration) . You will need to agree new terms ie, reduced credit, a DD mandate, payment up front, (pro forma) whatever you are comfortable with and you will need to get the name of the new company. In a pre-pack sale where the business is put into administration and immediately sold, it may of course be trading under a different but similar name the very next day such as ABC Ltd. This is what is called a trading administration prior to a sale. If you are asked to supply the administrator (who is running the business) ask for payment up front or a guarantee from the ADMINISTRATOR that your business will be paid. Set up a new agreement but be careful who signs it, it can be signed by the following peoplea) ABC (IN ADMINISTRATION) LTD, co-signed by the administratorsb) The administrators themselvesc) The new management company, appointed by the administrators.The debt owed to you by ABC (IN ADMINISTRATION) LTD and ABC LTD are two separate things. The main purpose of administration is to rescue the company so it is often important that all suppliers continue to supply for the good of everyone. What if the business is sold via a pre-pack to a newco and that company with the same management asks your company to supply it? If the business is sold then this could be an opportunity to supply a new and perhaps more lucrative customer! but again make sure that you get the best terms possible. Pro forma is usually the best way to supply until there is a track record of being paid. Then provide say 7 days credit over time. Once again make sure a tight rein is kept on the credit.If the administration of a large customer puts you under pressure then there is no harm in giving us a call and we will give you free no obligation advice over the phone.

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Advice if you supply a business that has gone into administration