A company can find itself in financial trouble for all sorts of reasons.
- A big customer not paying your invoice
- A sudden change in the market place
- A legal dispute
- Financial controls failing to spot losses
- A rogue director/manager spending money where they shouldn’t
- Increased input costs
- Employee problems
What Actions Can A Director Take to Help A Struggling Company?
Cut costs to improve cash flow
Make sure you know exactly what is being spent every day. Keep a close eye on accounts and cut out non-essential costs. You’d be surprised by how many things you don’t need.
See here for more tips on cutting costs.
Debtor collection
Collecting late payments is a vital part of the business but it can also be time-consuming. Ensure you have a suitable credit policy and always have agreements in writing. Verbal correspondence will make chasing debtors more difficult.
Critically examine all current projects and quotes
In order to do this you will need have good financial controls and data. Maybe appoint a part time accountant, advisor to sanity check the situation. We work with a specialist turnaround accountant who concentrates on cashflow rather than year end accounts.
Alternative Refinance
With the Bank of England Base Rate currently at 3.75%, traditional bank lending might be tight. Look into Asset-Based Lending (ABL) or Invoice Discounting to unlock the capital already sitting on your balance sheet.
HMRC Time to Pay (TTP)
HMRC’s late payment interest is currently 7.75% An informal TTP can stop the 10% daily penalties that kick in after 31 days of non-payment. So call HMRC and try and get a TTP arrangement. You can call them on 0300 200 3820 Opening times: Monday to Friday, 8am to 6pm. Closed bank holidays. They are likely to offer 6-12 months breathing space.
Talk To Trade Creditors
If you are not already then make sure you try and agree better terms with your trade creditors. Mainly just be honest about the situation rather than try to fob them off.
Ask the government or local councils for advice
One of the best places to get help for struggling companies is the government. It oversees several schemes and advice centres that can offer support, and even funding.
One of the ways it does this is through the Growth Guarantee Scheme
This initiative is designed to cover traditional loans, debt consolidation, refinancing, invoice finance and revolving credit facilities like overdrafts.
If you get approval, you’ll receive between £1k to £1.2 million over a period between three months and 10 years. However, these guarantees are subject to various criteria and most importantly you will have to personally guarantee the debt.
Seek advice from charities and organisations
There are many organisations offering help for struggling companies, including the Business Advice Centre and the Federation of Small Businesses.
It’s best to look for assistance within your local area. This is easier than you might think, as the government has compiled a list of the majority of financial support organisations in the country. Search this list by location and find the assistance that’s right for you.
These organisations can give you free advice and, in some cases, funding to help support your business.
Look into peer-to-peer funding or crowdfunding
Both peer-to-peer funding and crowdfunding work on a model that connects businesses with individual and corporate investors using an online platform. Peer-to-peer funding focuses on interest-based lending, crowdfunding is usually equity based.
You must adhere to the platform’s criteria and most investors will look at publicly available records, such as filed accounts. Both methods are time-consuming. The platform has to verify you, then you must create a pitch, convince investors and eventually come to an arrangement.
This is not the best method if you’re looking to improve your immediate cashflow problems, but it can help with long-term goals.
If it looks like you cannot stop the pressure yourself and say you think it is unlikely you can pay the wages at the end of the month, or a creditor is threatening a winding up petition Then more drastic action is required. This is especially the case as if the company is insolvent then the duties of the directors shift to the creditors. Failure to act can result in personal liability and wrongful trading claims.
Get urgent professional advice
Many insolvency practitioners will give free initial advice to give you an idea of your options. Formal insolvency mechanisms can give you legal protection (Insolvency Act 1986 and case law) from creditors to give the chance of the company’s survival. See below for what we can do to help!
Plan A or Time To Pay
If creditors are threatening legal actions, it’s worth looking at what we call, Plan A. This is an informal deal with creditors as a way to pay back debt over a relatively short time period. We may be able to arrange a Time To Pay (TTP) deal with HMRC on your behalf if you’ve fallen behind on VAT and PAYE payments. We have recently agreed a 4 year time to pay arrangement for a client.
Company Voluntary Arrangement (CVA)
Similar to Plan A, a CVA is a formal deal made with creditors to ensure debt is repaid over a set time-frame. The arrangement protects your company from legal actions and is a powerful restructuring and refinancing tool. Unlike a Time To Pay deal, up to 60% of unsecured debt can be written off. For a detailed CVA guide, click here.
Pre-pack Administration
If the company is under threat from an aggressive creditor, selling the company in a pre-pack administration deal to a third party may be the best option. This ultimately gets rid of debt and allows the business to continue. It is possible to sell the business back to its current directors/shareholders but this can be tricky as there are various regulatory hoops that need to be jumped through. This works well if there is vital brand or intellectual property that needs to be preserved and any period of non trading would be fatal. It is an expensive process, so is best for larger companies.
So if you are worried that your business might be in trouble or even insolvent have a look below at the various indicators of financial distress.