What does saving 4% mean to you/your clients?

Now the Budget has been and gone we have some certainty, for the next couple of years at least, on the rate of CGT that applies to Business Asset Disposal Relief which is detailed below on the lifetime allowance of £1Million:

  • 10% on disposals until 5 April 2025
  • 14% on or after 6 April 2025
  • 18% on or after 6 April 2026

Should you or your clients be incentivised by the potential saving and would like to explore a Members Voluntary Liquidation, then please contact PBC Business Recovery & Insolvency on 01604 212150 (Northampton), 01908 033150 (Milton Keynes), 01234 989150 (Bedford) or email to enquiries@pbcbusinessrecovery.co.uk. Alternatively, visit www.pbcbusinessrecovery.co.uk for further information.

Are we the best?  PBC let you have your say.

With the unrivalled level of experience available at PBC, we could easily say we are the best people to approach when you are having financial issues, whether that is your own or you are a creditor of someone else suffering a demise.

The fact is, we do not make such claims; we let others express their own opinion such as:

“Gary and his team at PBC are fantastic and they go above and beyond to support you every step of the way through challenging times. Highly recommended. Thank you to Gary and PBC for helping me to get my life back and hopefully some much needed sleep after months of worry.” Director, Northampton

“I can’t recommend Ian enough he’s been amazing with the closing of my business. He reassured and put my mind at ease talking me through step by step and what needs priority etc I didn’t know where to even start but with Ian’s guidance it made everything so much less of a worry to deal with. He was always at the end of the phone if I had any concerns or worries. Making the decision to close your own business is not an easy decision to make but Ian put everything into perspective. I can’t thank you enough Ian for all your help and guidance Thank you.”  Director, Kettering

“Myself and my fellow directors are very grateful for all the assistance Natasha has given as the MVL has progressed. It has all gone far more smoothly than we could have hoped. We definitely made the correct decision when we elected to appoint PBC to act for us”.  Director, Wellingborough

“My financial crisis stirred a myriad of emotions, most of which were negative and soul destroying. Thank heavens for some sound, honest and clear advice which straightened me out and, in reality, showed me it wasn’t half as bad as I thought.”  Director, Rushden

“Good morning Claire, I just wanted to say thank you for the work you have done on the liquidation.   Super efficient and communicative which was greatly appreciated”. Director of a solvent company.

At PBC we recognise the human side of what financial difficulties often create and put that added service into the process to ensure clients are fully aware of the surrounding issues and what they actually mean to them in an easy-to-understand manner.

If you need any advice or assistance on any corporate restructuring or insolvency-related issue, then please contact PBC Business Recovery & Insolvency on 01604 212150 (Northampton), 01908 033150 (Milton Keynes), 01234 989150 (Bedford) or email to enquiries@pbcbusinessrecovery.co.uk. Alternatively, visit www.pbcbusinessrecovery.co.uk for further information.

Hit by the collapse of ISG? We are here to help!

The collapse of ISG into Administration will have a significant effect of many in the supply chain with monies owed not being paid any time soon or potentially not at all. 

If the loss of income is likely to mean financial difficulties going forward it is imperative to take advice and try not to panic.

Whilst undoubtedly the Administrators of ISG have a strategy in mind, it is likely to be a few months before the anticipated financial outcome will become public knowledge. All we know so far is some 2,200 employees were made redundant, with 200 employees retained to assist the Administrators.

Below is guidance to supply chain members until the financial outcome of the matter becomes more visible.

  • If you are struggling to pay your suppliers, communicate with them early, explaining the position. This should also include HMRC. We would expect they will be under some form of guidance to help as best as possible in this particular matter. 
  • If you are asked to complete work for the Administrator, look to leverage your position in this scenario. Payment up front or even better payment of part of all your old debt to continue working. Understand your importance to the Administrator if this request is made. 
  • Retention of Title Clauses – For companies that have supplied goods, look at your retention of title clauses. This may enable you to recover your products.
  • Trade Credit Insurance – if you have this make a claim immediately.
  • Take advice from your accountant/solicitors or even an Insolvency Practitioner to see what options are available.

At PBC Business Recovery & Insolvency we advise companies daily and,  first and foremost, aways look at recovery options for those we advise – trying to prevent them entering a similar process to that of ISG.  Sometimes, this is unavoidable, but the sooner advice is sought the greater the opportunities are.

If you need any advice or assistance on any corporate recovery option or insolvency-related issue, then please contact PBC Business Recovery & Insolvency on 01604 212150 (Northampton), 01908 033150 (Milton Keynes), 01234 989150 (Bedford) or email to enquiries@pbcbusinessrecovery.co.uk. Alternatively, visit www.pbcbusinessrecovery.co.uk for further information.

Record fines at British Home Stores.

Some may remember the demise of the BHS Group as shops around the country closed down, following the group entering into administration in April 2016.

Move on eight years and the court has imposed a record £110,230,000 compensation order against two of the former directors. Yes, £110 million!

The commentary surrounding the BHS court hearings   are far too long for this narrative.  However, it can be summed up by saying any director whose company is facing distress must act rationally, assess the impact of their decision making and avoid, “Wishful thinking” at the expense of the company creditors.

Some key messages that came out of the two decisions, included:

  • Directors of companies in financial distress have a “Modified duty” that is owed to the interests of the company creditors as a whole and not to shareholders.
  • This modified duty arises from the point when the company is “Bordering on insolvency or an insolvent liquidation is probable.”
  • The standard expected (of directors) depends on the size and sophistication of the company.
  • Taking professional advice does not necessarily absolve directors of their risk of personal liability.

In short, the court is saying any delay in taking positive action to protect the company creditors may expose directors to risk of (what they termed as) equitable compensation awards being made on a personal liability basis.

At PBC we have always encouraged directors to seek early advice.  We appreciate how difficult it can be making that call and attending a meeting with our experienced team.  However, time and again, business owners have expressed a relief after consulting with PBC and many of those fears built up inside  are eased.

If you need any advice or assistance on any corporate restructuring or insolvency-related issue, then please contact PBC Business Recovery & Insolvency on 01604 212150 (Northampton), 01908 033150 (Milton Keynes), 01234 989150 (Bedford) or email to enquiries@pbcbusinessrecovery.co.uk. Alternatively, visit www.pbcbusinessrecovery.co.uk for further information.

From the other side of the insolvency fence.

PBC business card in holder

So, your company went into liquidation and subsequently you receive a letter from solicitors acting for the liquidator, demanding you pay a sum of money in respect of various allegations of unfitness.  What do you do?

Well, the first thing you should do is consult with a solicitor that practices insolvency as they will be aware of the terminology and implications relied upon with insolvency litigation.

However, there has been an increasing demand upon insolvency practitioners (“IP”) to represent those confronted with insolvency-related claims.  Sometimes, assisting the instructed solicitor, while others have approached them directly.

At PBC we have (what is thought to be) a unique service, whereby we have the only person who is both an appointment taking IP while also an accredited mediator.  That, together with the Team at PBC having a wide and extensive range of experience, allows PBC to offer pragmatic and commercial solutions.

Two recent examples of where PBC have assisted have been:

Case 1.  A liquidator was pursuing the director for over £100,000 (although were willing to settle at £85,000).  Using our experience and knowledge, this claim has been extinguished.

Case 2.  PBC’s client was facing bankruptcy for a claim in excess of £200,000.  During negotiation, PBC put forward the realities of bankruptcy and, more importantly, the potential recovery the claimant may achieve.  Ultimately, a £75,000 settlement was agreed, resulting in the client retaining sufficient money to move on with their life.

It should be said, nobody at PBC has a right of audience to represent parties in court and solicitors are an invaluable aid in resolving disputes.  However, as PBC are demonstrating time and again, adding our practical experience and a reality check, often promotes settlement.

If you need any advice or assistance on any corporate restructuring or insolvency-related issue, then please contact PBC Business Recovery & Insolvency on 01604 212150 (Northampton), 01908 488653 (Milton Keynes) or email to enquiries@pbcbusinessrecovery.co.uk. Alternatively, visit www.pbcbusinessrecovery.co.uk for further information.

HMRC – Preferential financial recovery in insolvencies, but at what cost….

Analysis has found that HMRC has received an extra £14.4 million in tax owing from insolvencies since it regained its ‘preferential creditor’ status in December 2000.

The preferred status enables HMRC to be paid from a formal insolvency process ahead of unsecured creditors, which is effectively the general body of suppliers to that business. Given the forbearance from HMRC during Covid, the level of HMRC debt we often see with insolvency matters is significant, meaning asset realisations will need to be significantly greater to enable a return to the general body of suppliers.

In many instances, there will be no financial return at the bottom end and the best suppliers can hope for, if they don’t have bad debt insurance, is VAT bad debt relief on the sum not payable.

In our opinion, the preferential position HMRC find themselves in has the following consequences:

  • Some banks reducing the amounts they can lend to business and increasing the interest rates they offer on business loans.
  • Banks looking to mitigate exposure by way of invoicing discounting facilities, fixing their debt against the sales ledger. This is more costly than “normal” bank lending products, squeezing margins and reducing HMRC gain from corporation tax recoveries going forward from a viable business.  
  • Banks even more so, looking for personal guarantees from directors for business borrowings because if the ship goes down, they want a life raft to jump on to.  

In the overall scheme of things, the sum received through preferential status since December 2000 is not substantial for HMRC and we have no doubt that these funds would be far better off in the pockets of unsecured creditors as a whole. Indeed, it would be more beneficial if HMRC’s preferential status was abolished altogether, as it was in 2003, which, in turn, will allow greater lending opportunities for companies to recover, potentially avoiding a formal insolvency process while also increasing future tax receipts.

If you need any advice or assistance on any insolvency-related issue, then please contact PBC Business Recovery & Insolvency on 01604 212150 (Northampton), 01908 488653 (Milton Keynes) or email to enquiries@pbcbusinessrecovery.co.uk. Alternatively, visit www.pbcbusinessrecovery.co.uk for further information.

Unlicensed Insolvency Practitioners – wound up!

A week or so ago, we posted about being careful taking advice from unlicenced insolvency advisors. As they say, timing is everything, and on 15 July, The Insolvency Service published details of such an advisor being wound up by the court in the public interest.

https://www.gov.uk/government/news/court-winds-up-manchester-firm-offering-unlicensed-insolvency-practitioner-services

At PBC, we are aware some directors fear approaching an insolvency practitioner as they hear stories of the ramifications a director faces.  To the contrary, an insolvency practitioner will advise you of your options, duties, and will discuss potential issues with you.  Those who chance engaging an unlicensed advisor merely promote the likelihood of allegations of a breach of duty where personal liability for any loss suffered may arise.

If you need any advice or assistance on any corporate restructuring or insolvency-related issue, then please contact PBC Business Recovery & Insolvency on 01604 212150 (Northampton), 01908 488653 (Milton Keynes) or email to enquiries@pbcbusinessrecovery.co.uk. Alternatively, visit www.pbcbusinessrecovery.co.uk for further information.

Beware the unlicenced insolvency advisor

Personal-Insolvency-services-northampton-milton-keynes

How willing are you to place your company assets in the hands of a “Faceless” unqualified advisor, while also exposing yourself to personal liability?

Unfortunately, the phrase, “Desperate times lead to desperate measures,” can mean directors will easily be attracted by online offers to “take the stress away” allowing you to simply walk away.  Invariably, it is not a matter of walking away but one of abandoning your statutory duties and being penalised for a breach of duty.

Recently, the Government published their annual (insolvency) report.  That report cited the number of appointment-taking insolvency practitioners has reduced to just 1,257, which further emphasises how specialised insolvency is and the importance of getting right advice.

In addition, The Association of Business Recovery Professionals, have warned about the risk of using unlicenced insolvency advisors and produced a very helpful guide which can be found on the following site;

https://www.r3.org.uk/media/documents/get_advice/business/R3-unregulated-adviser-guidance-business.pdf

The problem of unlicenced advisors is not a new one but something that has grown over the last few years. The guide highlights some of the common marketing phrases these firms use, including:

  • We act for you, not your business’ creditors
  • Don’t take advice from an insolvency practitioner, as they only act for your creditors, whereas we act solely for you
  • We can offer you an alternative way to close down your company, leaving you free to launch a new business debt-free
  • We have a way to allow you to continue trading, keep your assets and yet benefit from writing off all your debts

What they do not tell you is a director has various statutory and fiduciary duties, including:

  • To act for the company creditors as a whole.
  • Exercise reasonable care, skill and diligence.
  • Avoid conflicts of interest.

These unlicensed advisors will also fail to point out if the company was eventually wound up it could lead to a director being pursued for personal liability.  Saying you did not know you needed to instruct a licensed insolvency practitioner carries no weight.  The court says ignorance is not a defence.  Indeed, the court will say throughout the insolvency legislation reference is made to the official receiver or an insolvency practitioner – there is no reference to any unqualified advisors.  The simple reason being, a licensed insolvency practitioner is held out as an officer of the court and must act accordingly.  They are also regulated, must hold professional indemnity and take out a specific insurance bond on each appointment they accept.  That protection is not afforded to directors by unlicensed advisors.

At PBC, we are aware some directors fear approaching an insolvency practitioner as they hear stories of the ramifications a director faces.  To the contrary, an insolvency practitioner will advise you of your options, duties and will discuss potential issues with you.  Those who chance engaging an unlicensed advisor merely promote the likelihood of allegations of a breach of duty where personal liability for any loss suffered may arise.

If you need any advice or assistance on any corporate restructuring or insolvency-related issue, then please contact PBC Business Recovery & Insolvency on 01604 212150 (Northampton), 01908 488653 (Milton Keynes) or email to enquiries@pbcbusinessrecovery.co.uk. Alternatively, visit www.pbcbusinessrecovery.co.uk for further information.

Following Insolvency, is a director an employee?

An employee of a business in liquidation will have various entitlements that can be claimed against the Redundancy Payments Service (“RPS”).  Those entitlements fall under the Employment Rights Act.

In the past the RPS have sought to reject claims made by the directors.  At first, RPS claimed directors were making themselves voluntarily redundant.  This approach was quashed by the Court of Appeal who said meeting their statutory duties prevailed and redundancy was a direct result of meeting those duties.

The other argument has been a director is not an employee of the company, but an officer who is not entitled to claim employment rights.  The RPS place the burden of proof that a director is also an employee, firmly on the director.  Indeed, the RPS send directors a very challenging questionnaire that critics say is designed to draw the conclusion a director is not an employee.

However, there has been a glimmer of hope for directors following a recent Employment Tribunal case   This case arose following the RPS rejecting their claims, saying neither of the claimant directors were employees.  The case was heard on 15 April 2024 where the judge cited the factors, taken together, that demonstrated the claimant directors were employees included:

  1. They attended work for the duration of the operating hours each day.
  2. There was a clear distinction between their roles as an employee and their role as a director.
  3. They worked for set hours between 20 and 25 hours per week.
  4. They were paid a regular salary which was subject to the PAYE scheme.
  5. Pay slips and P60 tax documents were issued.
  6. They conducted themselves in the same way as other employees when absent and when booking leave.
  7. There is no evidence that they could substitute another for the role of an employee.
  8. There is no evidence that they used company money as personal money.
  9. They were accountable to each other and the accountant.
  10. They did not work anywhere else.

Both directors were awarded statutory redundancy and pay in lieu of notice.

Nobody plans for their company to fail.  However, directors should ensure they have a binding contract of employment in place that is up to date and commensurate to the employment role they carry out.  Together with the above points, this will help to reduce the chances of the RPS being able to reject a claim for payment of your employment entitlements.

If you need any advice or assistance on any corporate restructuring or insolvency-related issue, then please contact PBC Business Recovery & Insolvency on 01604 212150 (Northampton), 01908 488653 (Milton Keynes) or email to enquiries@pbcbusinessrecovery.co.uk. Alternatively, visit www.pbcbusinessrecovery.co.uk for further information.

Abusing a Winding up Petition

Woman sitting at desk with PBC logo on the screen

As everyone in business will appreciate, the phrase, “cash is king,” rings very loud when it comes to keeping your business going.  With many businesses across the UK fighting to get debts paid, it has resulted in recovery threats increasing. But just how far can you press a customer for payment?

In one case PBC were instructed to advise directors of a company that was literally days away from crashing into administration, following a threat of, “if you do not pay our client by 4.00 p.m. Friday we shall commence winding up proceedings.”  After some checking it turned out the client supplier had refused to supply the goods until they were paid for in advance.  After we pointed out the goods had not even left their client’s building, the threatening solicitor withdrew their threat.

A malicious winding up petition is one that has been presented wrongly.  It maybe the petitioner knows the debt is not due or payable, or it is disputed, where a more appropriate judicial process ought to be followed.  In short, it is designed to pressurise a payment that may not lawfully be due and this is regarded by the courts as an abuse of process.

Another action that is considered an abuse is when the petitioner advertises outside the parameters of the insolvency rules.  For example, emailing a copy of the endorsed petition to the respondent company’s bankers on the day the petition was presented can result in the petition being dismissed and, potentially a subsequent legal action against the petitioner on grounds of malicious prosecution.

There are two key messages, here, namely:

  1. As the creditor, you need to consider whether you have an enforceable debt and, if so, what is the most appropriate route for collection.  It also helps if you can put the emotion to one side and consider the outcome of your actions and whether there are better alternatives that will maximise recovery.  If in doubt, seek legal advice or, where an alternative insolvency procedure has been put forward by the debtor, consult with an insolvency practitioner for their views on that alternative.
  • For the debtor, at the first sign of experiencing difficulty in meeting your debts when they fall due, take advice from an insolvency practitioner.  Do not leave it until you have frustrated your creditors so much that they become focussed on seeing your business wound up and you investigated for potential misconduct.

It is all too simple to tell someone who is owed money not to become emotional, but threatening winding up when that is inappropriate or even malicious can come back and haunt you.  Yes, there is a desire to recover debts as quickly as possible, but beware of not falling into the malicious trap.

If you need any advice or assistance on any corporate restructuring or insolvency-related issue, then please contact PBC Business Recovery & Insolvency on 01604 212150 (Northampton), 01908 488653 (Milton Keynes) or email to enquiries@pbcbusinessrecovery.co.uk. Alternatively, visit www.pbcbusinessrecovery.co.uk for further information.