Wilkin Chapman Business Solutions Ltd is a subsidiary of Wilkin Chapman LLP solicitors.
We specialise in providing solutions to businesses that have ﬁnancial pressures and we have legal, business consultancy and insolvency experts available so that we offer a true one-stop shop avoiding the need to instruct professionals from different organisations. Our initial advice is also free of charge.
We will look at all the options available to you when you are faced with insolvency, financial difficulties or other business challenges either now or those anticipated in the future. We will spend time to understand your business and you as an individual and in doing so determine the best course of action. There will be more options than you think. For example, if you wish to remain trading but can’t see a way forward, then we can help you understand and guide you to propose a Company Voluntary Arrangement.
If the only course of action is to seek closure on your current situation, then we have highly experienced professionals who can support that decision and guide you through the liquidation process to protect stakeholders and the business and achieve a managed closure.
If you wish to remain in control of the future business, but unfortunately need to close the company, we can assist you with that process. We have vast experience in all business rescue situations. It is always important to seek approachable professional advice as soon as possible.
Insolvency happens when a company is unable to pay its debts on their due dates or has insufficient assets available to cover the total of their debts.
It is the director’s responsibility to recognise when a company has become insolvent, and they can be held legally responsible for allowing the company to continue to trade if it is indeed insolvent.
Choosing the best process for you
There are many procedures available to insolvent companies and choosing the right option for you and your business is critical. For example: Administration, Administrative Receivership and a Company Voluntary Agreement (CVA) are all solutions that offer potential rescue for the business.
It is often preferable for a company to continue trading using one of these processes in order to preserve the company’s value and retain its existing customer base.
If your business cannot be rescued, then it will be placed in to liquidation. This process involves your company’s remaining assets being turned into cash and distributed amongst creditors. This solution often results in the termination of the company’s trading activities.
The insolvency processes can be initiated by any single creditor or group of creditors. It can be initiated by the courts and lending institutions, or by directors and shareholders of your company.
The aim of any of the insolvency procedures is to extract the greatest value out of the company for the benefit of its creditors. The individual circumstances of the business and the total available assets will determine which process is best suited to achieve this aim.
Firstly, the company's directors must recognise the company is insolvent. There are two tests which can help to determine if this is the case:
The balance sheet test: Is the value of your combined assets less than your total liabilities?
The cash flow test: Will you be able to pay your bills when they are due?
Do the test with our FREE Insolvency Calculator
Control of the company’s assets are then passed to a licensed insolvency practitioner, who will initiate the appropriate procedure. As the company’s assets become available, they will be distributed in a strict order of priority
Organisations with fixed charged security over the company’s assets will be paid first
The next group of creditors to be paid will be preferential creditors. This pay-out usually consists primarily of employee’s wages and holiday pay
Creditors holding floating charge securities will be next in line to receive finds, followed by unsecured creditors
If there are any funds remaining, the last group of creditors to be paid will be the stakeholders themselves
If you are experiencing financial difficulty, it is highly advisable that you seek professional advice from a licensed insolvency company.
An insolvency practitioner has the experience, knowledge and qualification to offer quality and trusted advice, guiding you towards the best option for your business’s specific circumstances.
ONLY licensed insolvency practitioners are authorised to provide insolvency services of any kind in the UK.
They are uniquely qualified to understand insolvent companies’ financial situations and recommend the option, that will ultimately result in the best outcome for your company and its creditors.
At Wilkin Chapman Business Solutions, we have decades of combined experience as insolvency practitioners and are available to offer advice throughout the UK.
Ultimately, the primary objective of a formal insolvency procedure is to maximise returns for the company’s creditors.
In most cases, the best way of achieving this aim is to keep the company operating by means of a rescue procedure.
The sooner a company seeks help, the greater the likelihood a business can be rescued.
If you want to discuss the best way forward for your company’s options and assets, then our initial advice is FREE of charge. The costs of a CVA are normally paid from the on-going payments into the arrangement, meaning that costs can be budgeted as part of the overall ﬁnancial arrangement with creditors.
Our calculator will give an indication if your business is solvent or insolvent based on the information and figures you input in each of the three stages.
Should you wish to speak to one of our advisers following this decision, you can contact us on 01472 246666.