We are Company Rescue and Not Clear Company Rescue

Published on : 24th August, 2023

We are Company Rescue and Not Clear Company Rescue!

Clear Company Rescue are offering a solution to your issues by offering to buy your insolvent company.

Does this sound too good to be true?

The actual process is legal as there is nothing stopping anyone from buying an insolvent company in the hopes of turning it around.  However, if the correct course of action is that it should be liquidated, as the debts could never be paid back from current trading, then you have to think why would they do it?!

Why take on the debt and the hassle?  They will of course most likely allow the company to be wound up eventually by a creditor. Check whether you will be charged for this somehow.  Bear in mind that just resigning as a director of a company does not mean that any responsibility for what happened in the past is just wiped away. You could still be disqualified or made personally liable for any of the debts if you have not acted properly.  In addition, under the Insolvency Act 1986, when a company is insolvent the directors have a duty to act in the best interest of the creditors.  If you pay someone to take it off your hands are you actually acting in the best interest of the creditors or yourself?  It is questionable to be sure, and there may be action against you down the road when the company is eventually wound up by the court. Insolvency Practitioners are licensed and under the regulations they have to act in the best interest of creditors.

Be very wary if you somehow manage to keep the assets of the company without paying for them.  This can be what is deemed as a “transaction at an undervalue” and can be reversed up to 2 years later by a liquidator.

Also what about a preference?  If you pay back some monies to a family friend instead of HMRC or BBL then again that can be reversed or voided at a later date.

It goes without saying that selling the company will not absolve you of any personal guarantees that you gave on behalf of the company.

What if you owe the company money?  The new directors will pursue you for the debt.  Directors responsibility under law, if the company is insolvent, is to act in the best interest of creditors.  So they may pursue you personally for the debt.  Many directors are not aware that they owe the company money.  If you have paid yourself drawings and not via PAYE and now the company is insolvent it is highly likely that you owe tax that the company has to pay.  More on overdrawn directors loan accounts here.

Ultimately these sort of schemes and legal gymnastics carry risk. Insolvency is highly regulated and there are no shortcuts.

Do you want to take the risk and give your money to a firm that is unregulated by any professional body?

Remember that company directors are not protected by the law in the same way that general members of the public are.  They are deemed to be “street wise” and knowledgeable.  So there are no cooling off periods, consumer rights, ombudsmen, distant selling rights etc.

Magnet to close 15 stores as part of CVA restructuring plan

Kitchen retailer Magnet is to close 15 stores as part of a major restructuring plan designed to reduce unsustainable property costs and protect the stronger parts of the business.The company has announced that the closures will be implemented through a proposed Company Voluntary Arrangement, commonly known as a CVA.Magnet said the CVA is intended to address underperforming locations where property costs are no longer sustainable. The majority of its 159 outlets will continue to trade and are not expected to be affected by the proposals.The proposed CVA will need to be approved by creditors before it can take effect. The process is being overseen by Natasha Harbinson, Will Wright and Chris Pole of Interpath.Magnet has not confirmed how many employees may be affected by the closures. However, the company said staff impacted by the restructuring will be supported throughout the process and that suitable alternative roles within the business will be offered wherever possible.Sophie Rose, chief executive of Magnet Group, said the decision had not been taken lightly, particularly where colleagues may be affected.She said: “Taking this action now is the right thing to do for the long-term health of Magnet Group. It allows us to deal with property costs that are no longer sustainable and protect the stronger parts of our estate.“I am confident these proposals will help Magnet Group build a stronger, more resilient business that is better placed to serve customers, support partners and return to sustainable profitability.”Magnet said customer orders at closing sites will be transferred to the nearest alternative store where required. Which Magnet stores are closing? The stores earmarked for closure are:Andover, Hampshire Birmingham Minworth, West Midlands Blackburn, Lancashire Bridgwater, Somerset Brighton, East Sussex Colwyn Bay, Wales Dorking, Surrey Farnborough, Hampshire Ramsgate, Kent Romford Trade, Greater London Stirling, Scotland Stockton, County Durham Watford, Hertfordshire Weymouth, Dorset York Trade, North YorkshireWhat is a Company Voluntary Arrangement? A Company Voluntary Arrangement is a formal insolvency procedure that allows a financially distressed company to reach a binding agreement with its creditors. It is often used where a business is viable but needs time to restructure debts, reduce costs or exit unprofitable parts of its operation.In a retail CVA, the proposal will often focus on leasehold premises, allowing the company to close loss-making stores, renegotiate rents or reduce future liabilities. If approved by the required majority of creditors, the CVA can give the company breathing space while it continues to trade.For directors of companies facing pressure from landlords, HMRC or other creditors, a CVA may be one way to restructure the business while avoiding liquidation or administration. Opinion Could this be a classic strategy of warning landlords that the property costs of Magnet are just too high?  They can close stores via a CVA but the threat of further clsoures will be used as a way to extract rent reductions from the other landlords.As usual in periods of uncertainty, such as the Iran war, big ticket purchases such as kitchens are sometimes put off putting pressure on cash flow. 

Read
Magnet to close 15 stores as part of CVA restructuring plan

Worried Director? We Can Save Or Restructure Your Company!

Call now for free and confidential advice