Just a quick note to say a big thank you to all the staff at KSA, our CVA was passed today by creditors voting in an overwhelming number including HMRC to accept the proposal as prepared by KSA.
The road to reach today’s conclusion has been bumpy, but at each stage your team has supported and guided us through the issues and we have reached a very satisfactory outcome to the benefit of customers, staff, all creditors and shareholders.
What Does Going Into Administration Mean?
Going into administration is when a company becomes insolvent and is put under the management of Licensed Insolvency Practitioners. The directors and the secured lenders can appoint administrators through a court process in order to protect the company and their position as much as possible.
What happens when a company goes into administration?
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Going into administration - a simple guide
Administration is a very powerful process for gaining control, when a company is has serious cashflow problems, is insolvent and facing serious threats from creditors. The Court may appoint a licensed insolvency practitioner as administrator. This places a moratorium around the company and stops all legal actions.
The administration must have a purpose and the Government encourages the use of company rescue mechanisms after administration.
Under the administration option, it is possible for the company and its directors (or a creditor like the bank) to apply to the court to put the company into administration through a streamlined process, by applying to the High Court.
However, the law requires that any finance provider (like a bank or lender), with the appropriate security, is contacted and the aims of the administration be discussed and approved. The finance provider must have a fixed and floating charge (usually under a debenture) and the charge holder will need to give permission for the process to go ahead. Five days clear notice is required.
How long does going into administration last?
It depends very much on the circumstances. The administrators take on the employment contracts of the company after 14 days so it is desirable that the business is sold out of administration before that date. The insolvency practitioners are not allowed to run the business at a loss and so making the creditors position worse off. If there are large amounts of money to collect in or substantial realiseable assets then they may trade for longer periods. During this time they will need to report to the creditors at regular intervals.
Between September 2019 and December 2019, there were 474 administrations. For more insolvency statistics, please see the latest Government statistics.
What is a pre-pack administration or administration pre-pack sale?
The pre packaged administration sale is currently a very popular method. However, there is increasing media coverage of creditors' dismay at seeing their "debt dumped" by a former customer.
The company prepares itself to enter administration and sell its assets to a new company ("newco") or to an existing 3rd party company. This is a very powerful, far reaching process that can protect the BUSINESS, but usually the old company (oldco) is liquidated afterwards. See Pre Pack Administration - our guide to the pre-pack administration tool for more information. Alternatively call Keith Steven now on 07974 086779 to discuss how pre-pack administration may or may not work for your company?
What is administration followed by CVA
Basically the company enters administration to get protection from creditors. The administrator then works with the company's directors to produce his/her administration proposals. Once these are accepted the administrator hands control back to the company's board. This is powerful tool despite the fact that it is expensive and directors are not in control during the administration period. We have a more detailed page on the administration process. It is less common than the Government would like to see.
Got questions? For answers to all these questions read our guides or call us now on 08009700539. Our trained, high quality advisors will help you.
Some Useful Guides to Administration
- Need to Make Redundancies?
- Administration - FAQ
- Employee Rights in Administration or Insolvency
- Statement of Insolvency Practice 16 | SIP 16
- Case Law Regarding Notice of Intention to Appoint and Winding up Petitions
- What is TUPE? How does it apply in pre pack administration
- Advice if you supply a business that has gone into administration
- Who gets paid first when a company goes into liquidation or administration
- Pre pack Administration Rules and Procedures
- Administration followed by a CVA
- Administration or Company Voluntary Arrangement CVA
- Partnership administration
- Putting a company into administration
- Lawyers Partnerships Plan C
- What is an administration sale?
Worried about poor cashflow? Covid-19?, How to pay wages on pay day? For expert advice on a range of issues download our free Ultimate Guide For Worried Directors today. Or just call us on 0800 9700539
Please note that the guide was mostly written pre Covid-19 and there have been some changes to insolvency legislation that limits creditors actions and relaxes rules regarding wrongful trading. A new 20 day moratorium for distressed businesses has also been introduced.