Administration – a powerful & positive tool

At a time when the economy is shrinking and unemployment is rising, many of the tools of trade of the insolvency profession exists to minimise the number of failed businesses which simply “disappear” and on the back of that to preserve jobs.

Unless you have chosen an insolvency-related career or you have been unfortunate enough to have experienced severe financial problems in the past, there is a good chance that you will have limited knowledge of what services are available from an insolvency practitioner.

Many people see headlines about large employers “going into Administration” and immediately assume the worst – it all sounds pretty grim and terminal. And some of it is – particularly if business owners fail to take early advice when they face financial difficulty. But the insolvency industry does much more than “bust” companies.

Administration is a powerful tool. It is a temporary arrangement whereby insolvency practitioners are appointed by the court to take control of the company. During their period of office they look into the viability of the business to see if part or all of it can be salvaged. And whilst the company is in Administration it is in a protective bubble – safe from potential actions taken by creditors, such as bailiffs seizing essential equipment, until a solution can be found.

Recently the retail group, Peacocks, went into administration. Part of that group is the women’s clothing retailer Bonmarché and this has been sold for an undisclosed sum. Although there will be some job losses, 2400 jobs will be preserved. Historically, the alterative would have been that the company would have simply ceased to exist and all the staff would have been unemployed.

The outcome of administration varies tremendously. In theory, the administrators could manage the business until it has recovered and then hand it back to the directors. In reality there are usually underlying problems which frequently result in the healthy parts of the business being sold on. Once no further improvements or sales can be brought about the administrators role is completed and they usually then take on the role of liquidators.

Running a business is not easy. If you are running a business, whatever the size, and are worried about any issues, the worst thing you can do is nothing. Discuss the problems without delay with a licensed insolvency practitioner. They have a number of tools at their disposal including access to private investors and specialist lenders.

A good time to start a business?

Self-employment can be hugely rewarding, not just in financial terms but the having independence and the satisfaction of being your own boss. With as many as 1 in 3 new businesses failing within the first three years it is certainly not for the feint-hearted. But that also means that 2 out of 3 survive.

Is 2012 a good time to start your business? The reality is that there are businesses out there now which are not only surviving but thriving. It is also true that many businesses fail when the economy is booming. But there is no doubt that starting a business in such economic conditions is much tougher.

Nobody goes into business expecting it to fail but if you are looking to start a business and want to survive it’s worth knowing common factors which often occur in failed businesses.

• Lack of professional advice. You need an accountant and a solicitor before you start trading to advise you on issues such as VAT and your legal responsibilities. You also need to decide whether to be a sole trader or form a partnership or to trade your business as a limited company. There are many reasons to incorporate, not least of which is to protect personal assets, such as your home, should things go wrong.

• Poor cash flow. Each business which ceases to trade will have its own reasons, but whatever the underlying cause, the crunch comes when a business grinds to a halt because of a lack of cash. You need sufficient cash to continue trading until the business becomes established. Don’t assume that it will be easy to raise finance – it would be almost impossible for a new business in the current climate.

• Concentrations. Being heavily dependent on one or a small number of customers, suppliers, products, staff, etc., makes your business vulnerable.

• Lack of planning and monitoring. Well managed businesses invariably plan well and are constantly monitoring their results. It enables a business owner to identify and address problems at an early stage and even foresee some and take evasive action.

If, despite your best efforts your business runs into financial difficulty don’t delay taking specialist advice. The sooner you ask for help the better chance of survival your business will have. And a good sense of humour and a “can-do” attitude will help you survive the ups and downs.  For free advice please contact Wilson Field.

What, if any, legislative progressions do you see for Corporate Insolvency in 2012?

The insolvency industry has been under pressure for some time regarding pre-packs – the practice of agreeing in advance of administration the sale of a troubled company’s business or assets – often to a connected party.

One of the main objectives with pre-packs is to rescue businesses and equally importantly preserve jobs – both of paramount importance particularly in the current economic climate.

However, unsecured creditors often see what they perceive to be a sale of the assets taking place without creditor knowledge for a fraction of the original worth. They understandably feel that it would be much more transparent if the assets were offered to the creditors instead of what is often seen as an underhand sale “cheap” to the directors or previous owners thus leaving creditors with little or no dividend.

In reality, this often isn’t a practical option.  Some businesses have few tangible assets but have significant goodwill, which can simply evaporate if word gets out – the business collapses and takes the jobs with it. In other cases the assets are specialist or perishable and only have a limited appeal to purchasers. There are instances too where the cost of moving heavy plant exceeds its value.

In a previous existence I owned a cleaning business and was an unsecured creditor when a hotel which I cleaned went through a pre-pack. Whilst it did not bring my business down it was a severe body blow – the impact on cash flow and profit. However, what many creditors initially overlook is the loss of turnover moving forward. In my case I was more than happy to work for the new company (on a pro forma basis!) rather than lose the future business on top of the bad debt I had sustained. And there were 18 part time jobs at risk at that location.

Next year may see some changes in legislation. It is proposed that administrators be required to give creditors three days’ notice of the pre-pack. The risk is that notification of creditors will increase the likelihood of customers cancelling contracts, staff leaving and suppliers withholding their goods – effectively many businesses would vanish before a sale takes place. A change in legislation looks likely but a balance needs to be reached or we could end up throwing the baby out with the bathwater.

For free confidential advice, please do not hesitate to contact Wilson Field on 0800 458 3320

Operation Christmas Child

I love Christmas. The excitement, seeing friends and family, eating lovely food, listening to Christmas songs and of course, giving presents!

Operation Christmas Child is an annual project carried out by Samaritan’s Purse. Each year in the run up to Christmas, Samaritan’s Purse collects presents to send to children who wouldn’t ordinarily receive a gift.

The idea is simple: cover a shoe box in brightly coloured paper and fill it with small presents. The shoeboxes are then shipped to children all over the world to open on Christmas Day!

For the past few years I’ve made one shoebox for a girl and one shoebox for a boy. It’s a wonderful feeling to know that Father Christmas will have 2 extra presents to give!

This year, I decided to inspire my colleagues at Wilson Field to join in! For the past few weeks we have been buying, cutting, sticking, papering and creating. The result was a spectacular tower of shiny, sparkly, multi-coloured shoeboxes of all different shapes and sizes!

Thanks to the time and effort taken by everyone who joined in, we have managed to collect a fabulous 15 boxes and the lives of 15 children will be brighter this Christmas!

I’d like to say a huge thank you to everyone who took part!

Claire Taylor

 

 

Latest insolvency figures November 2011

Figures showing the number of administrations within various industries are more telling than those showing the overall number of corporate liquidations, says a leading Sheffield insolvency expert.

Latest statistics from the Government Insolvency Service show a 6.5 per cent increase in total company liquidations in England and Wales in 2011 compared to 2010.

However, industry specific figures showing the rate of companies going into administration vary dramatically.

A 38 per cent increase in administrations within the construction industry this year demonstrates how the building sector is still taking a hit. A 34 per cent decrease in administrations in the transport, storage and communication industry may seem positive news but the figures suggest a different story.

Administration figures usually closely mirror liquidation figures as one often leads to the other.  While the overall figures show that the total of corporate liquidations has increased by 6.5 per cent, the breakdown of administrations within the different industries vary much more dramatically and illustrate the effect the recession has had on various trades.

“When the figures from the most recent quarter of 2011 are compared with the same quarter in 2010, almost all industries have seen a rise in the number of companies going into administration. The manufacturing industry has seen an increase of 7 per cent, construction has shot up by 38 per cent, and administrations within the wholesale and retail trade are up 20 per cent, while hotel and restaurant administrations have increased by 26 per cent.

A figure that stands out is the 34 per cent decrease of companies going into administration in the transport, storage and communication industry. Many might assume that this is a sign of improving business within the industry but I’d view this figure with caution. I would say that it illustrates the extreme challenges this industry has faced over the last two or three years. It demonstrates that the haulage and transport companies were the first to be hit hard by the economic downturn and many companies fell early on, leaving fewer companies to go into administration as time progressed.”

A lack of consumer confidence is probably to blame for the continuing increase in corporate liquidations and the Government needs to focus on restoring that confidence.

The overall increase in corporate insolvencies and increase of administrations within the retail and hospitality industries is unsurprising. A focus needs to be placed on improving consumer confidence which in turn should lead to growth for businesses.

It is likely the retail and leisure industries will take another hit in the first quarter of 2012 as those industries face a dip once the festive season has passed.

The companies that survive will be the proactive thinkers and those who act in advance.

Putting off seeking professional advice is key to not falling at the first hurdle. Many people find taking that first step a challenging and difficult step, but it is crucial if you are to survive.

Despite challenging economic times for many businesses, Wilson Field has recently expanded its own portfolio to open an office in the West Midlands, complementing its existing bases in Sheffield, Manchester and Leeds.

Having built a reputation for professional and personal service as well as exceptional industry knowledge, we are confident that Wilson Field Ltd can continue to help businesses both locally and across the UK with their business recovery, insolvency and debt solution needs.

To speak to an expert from Wilson Field’s free advice line call 0800 458 3320 or visit our website at www.wilsonfield.co.uk.

 

Cash is king

The old adage ‘cash is king’ has never been so relevant.

The recent financial rally in Europe and a whisper of optimism over the state of the banks has certainly substantiated this phrase – but a simple case of semantics dictates that these three words tell a very different story, with Insolvency Service figures painting a bleaker picture for SMEs up and down the country.

Despite these figures, the importance of SMEs cannot be underestimated. They now account for 99.9 per cent of all enterprises.

They also accounted for more than half of employment (59.1 per cent) and almost half of turnover (48.6 per cent) in the UK private sector, at the start of 2010, according to statistics issued by the Department for Business Innovation and Skills. So it stands to reason that the growth which our economy desperately needs is reliant on the wellbeing of SMEs.

Each business which has to cease trading will have its own reasons, but whatever the underlying cause, the crunch comes when a business grinds to a halt because of a lack of cash.

Some will have been unfortunate and hit by unforeseen circumstances – the extended wintry weather last year is one such example. But many of these examples will, unfortunately, have been down to poor financial management, and in particular cash flow. In the past I have met many experienced business owners who actually didn’t know the difference between cash flow and profit.

I have seen directors pop champagne bottles when they had won a contract which they thought would cement the future of their business. In fact the same contract has caused the demise of the business simply because it didn’t have sufficient cash to see the contract through.

This attitude is understandable considering the past stability of the economy and availability of funds through banks. The bank manager would have been the first port of call when a business was in need of a financial boost. But, despite a few public floggings from the Government, accessing money through the banks is proving to be very difficult for many SMEs, with scores of bank managers finding their hands tied.

But as disheartening as this can be, there are still options.

The Asset Based Lending (ABL) sector is reporting booming business. Using invoice finance (factoring or invoice discounting) can certainly fund cash flow in many cases, particularly for expanding businesses. Raising cash against unencumbered plant and equipment may be an alternative way to plug the funding gap.

There will be occasions when the ABL sector cannot help. At that stage, it is an easy option to give up and ‘throw in the towel’ – but that has to be a last resort after the amount of effort involved in building up a business to start with.

Another option may be to try attracting private investors. But if a company’s balance sheet is weak or overburdened with historical debt they are likely to be reluctant to pump money into what they think may be a lost cause. It is often in these situations that it may be essential to restructure the business to make the deal attractive to investors.

Many entrepreneurs are looking at every option to buy time or help them to restructure. One major problem, however, is that many business owners have a limited knowledge of what is available and exactly how it could work for them.

For a business which is desperately short of cash flow, the worst thing to do is…nothing. Taking independent professional advice gives your company more options, gives a better chance of preserving jobs and a better chance of survival and potentially a better outcome for your suppliers, too.

Contact us for free confidential advice on 0800 458 3320 or visit our Wilson Field website.

The positive side of the insolvency

Unless you have chosen an insolvency-related career or you have been unfortunate enough to have experienced severe financial problems in the past, there is a good chance that you will have limited knowledge of what services are available from an insolvency practitioner.

Headlines about football clubs “going into Administration” or large employers “going into Liquidation” are commonplace as well as mentions of winding up orders, LPA Receiverships and voluntary arrangements – it all sounds pretty grim and terminal. And some of it is – particularly if business owners fail to take early advice when they face financial difficulty.

But the insolvency industry does much more than “bust” companies. Recently, the prompt and pro-active actions of the director of a business in seeking advice from Wilson Field had far reaching consequences. The company provided care assistants into the homes of people needing help. Faced with the fact that the company could no longer trade profitably the director could have walked away from the company and the main creditor (the taxman) would have received nothing. Instead, the company was placed into Administration until its sale as a going concern could be arranged. The result – 60 staff retained their jobs, numerous vulnerable and elderly clients were not abandoned and Her Majesty’s Revenue & Customs whilst not fully repaid did receive a significant amount. The director gained nothing other than the knowledge that his staff and clients had not simply been abandoned.

Running a business is not easy – particularly in the current climate. Businesses depending on public sector contracts or operating in industries such as retail, leisure, construction or haulage are probably concerned about future sales. They are also probably wondering if their bank will support them if they hit a snag. And heavily-borrowed businesses will doubtless be concerned about the prospect of interest rate increases.

Insolvency practitioners have a number of tools at their disposal including access to private investors, sources of finance and equity in certain circumstances.

Behind every business is a person – or people. If you are running a business and are worried about any issues mentioned above the worst thing you can do is nothing. Discuss the problems without delay with a licensed insolvency practitioner. The sooner you take advice the more options are usually available and the better chance of survival your business will have.

For free confidential advice, contact Wilson Field.

Checking the vitals

Have you ever undertaken a first aid course? If not, you should. It’s a selfless act which might save a life.

If you have been trained and come across somebody with a gaping wound, then you’ll know that one of the first things to check is that your patient is breathing. The logic? If you don’t breathe, it won’t take long for your heart to stop pumping oxygen-carrying blood around your body (including to the gaping wound). This is not to say the gaping wound isn’t serious – it could be life-threatening. It’s a matter of priorities. And just so with the economy.

The International Monetary Fund has warned that the global economy has entered what it calls a “dangerous new phase” of low growth and high public debt. Everybody knows that there is too much public debt. It’s a serious gaping wound which won’t go away and needs treating. But before that receives treatment the government needs to stimulate growth and restore confidence. It is for this reason that the media is suddenly full of suggestions to pump money into developing the country’s infrastructure. This will create employment and pump more money into the economy.

Following the Great Depression in the US in the 1930s, the ‘New Deal’ was launched which involved projects to build roads, dams and electric systems. The main purpose was to create new jobs and combat 25 per cent unemployment. While some economists would not agree, it was generally deemed a success.

The state of Eurozone and slowing growth in both Europe and the US have magnified the vulnerability of the world’s economy even further. And what does that mean here? Well, in the third quarter of 2011, the FTSE 100 index in the UK recorded its worst quarterly performance since 2002, and the fourth worst quarterly performance since its launch in 1984.

No matter what side of the politico-economic fence you sit on, these results are alarming and I believe the time has come to make the stimulation of growth the main thrust forward rather than reducing public debt at any cost.

Confidence is so important in addressing growth. Quite simply, lack of confidence inevitably leads to lack of growth – for example consumers “tightening their belts” and changing their spending habits. This is driven by worries about job security, fear of increased interest rates and the effect of 4.5 per cent inflation eroding spending power. This initially impacts on retail and leisure businesses but gradually passes along the food chain to wholesalers and trade service suppliers. And lack of confidence results in expansion plans being scrapped.

Companies would normally turn to banks for support but the banks are still licking their own wounds from the recession and are not in great shape themselves. At a time when they are risk-averse, they are not going to look favourably on a company with a weak balance sheet. So, unless alternative forms of lending such as invoice finance or private investment are available to plug the financial gap, businesses potentially face failure.

The road to financial recovery is going to be fraught with challenges and the coming months will be both crucial and revealing in equal measure. Arguably, the biggest challenge will be for world leaders, in politics and banking, to look beyond reactive debt crisis solutions. If they can balance the value of investment and infrastructure against the headline-making growth of public debt, there is the potential for growth, restoration of confidence and achievable recovery. But it is a big ‘if’.

To speak to an expert from Wilson Field’s free advice line call 0800 458 3320 or visit the website at www.wilsonfield.co.uk.

 

Telesales Position Available

Due to the continuing expansion of this busy insolvency practice a vacancy has arisen for the above position.

The position involves promoting the company, its services and making appointments for our consultants.

Ideally applicants should be confident, possess excellent communication skills and have a good telephone manner. Previous experience would be an advantage, however training is available for the right candidate.

Please apply in writing enclosing a CV to Julie Fantom, Wilson Field Ltd, The Manor House, 260 Ecclesall Road South, Sheffield S11 9PS or by email j.fantom@wilsonfield.co.uk. (0114 2356780).

For more information on Wilson Field please visit our website www.wilsonfield.co.uk

Corporate Insolvency League Tables

Corporate Insolvency League Tables

Tenon has released the Personal and Corporate Insolvencies League Table for January – August 2011 (shown below).

We are pleased to find out that Wilson Field is the only SME to appear in the Top 20 for both Corporate Insolvencies and Personal Insolvencies.

Through tough economic conditions, it is important to keep on top of the game and continue to meet customer expectations.  We endeavour to offer the best professional advice to businesses and individuals to help them through tough times.

If you are experiencing cash flow problems or would like any advice on how we can help, please do not hesitate Wilson Field.

January - August 2011 – Corporate Insolvencies

 

No. IP Firm Cases Appointments Share
1 Begbies Traynor LLP 922 6.4%
2 RSM Tenon Recovery 586 4.1%
3 PricewaterhouseCoopers LLP 394 2.7%
4 Grant Thornton UK LLP 343 2.4%
5 KPMG LLP 338 2.3%
6 BDO Stoy Hayward LLP 323 2.2%
7 Mazars LLP 267 1.8%
8 DTE Leonard Curtis 257 1.8%
9 F R P Advisory LLP 257 1.8%
10 Ernst & Young LLP 248 1.7%
11 Deloitte & Touche LLP 207 1.4%
12 The P & A Partnership 206 1.4%
13 Baker Tilly Restructuring 179 1.2%
14 Chantrey Vellacott DFK LLP 164 1.1%
15 F A Simms & Partners PLC 163 1.1%
16 M C R 156 1.1%
17 PKF (UK) LLP 152 1.1%
18 Wilson Field Limited 149 1.0%
19 David Rubin & Partners 131 0.9%
20 Moore Stephens LLP 121 0.8%
Others 8,904 61.5%
Total 14,467 100.0%

 

Please note, statistics are based on data published in the Gazettes to date. Due to the time taken to advertise appointments, counts may vary to those anticipated. Groupings are based on the date of the appointment of an IP. Where a different IP is listed as a joint liquidator on a case, it will be counted twice.

January - August 2011 - Personal Insolvencies

 

No. IP Firm* Cases Appointments share
1 Debt Free Direct Limited 3,648 14.5%
2 Freeman Jones Limited 3,570 14.2%
3 One Advice LTD 2,306 9.2%
4 Grant Thornton UK LLP 2,246 8.9%
5 RSM Tenon Recovery 1,097 4.4%
6 Cleardebt Limited 1,048 4.2%
7 Money Debt & Credit LTD 937 3.7%
8 Consumer Credit Counselling Service V.A. 780 3.1%
9 NTF Financial Solutions Limited 607 2.4%
10 Credit Fix Limited 561 2.2%
11 Mitchell Farrar 530 2.1%
12 McCambridge Duffy LLP 471 1.9%
13 Simple Debt Solutions 466 1.9%
14 Knightsbridge Insolvency Services LTD 402 1.6%
15 Johnson Geddes LTD 352 1.4%
16 Personal Debt Helpline Limited 316 1.3%
17 Debt Lifeboat Limited 315 1.3%
18 Varden Nuttall Limited 306 1.2%
19 IVA Advice Bureau Limited 226 0.9%
20 Wilson Field Limited 208 0.8%
Others 4,728 18.8%
Total 25,120 100.0%

Source:  RSM Tenon Corporate Recovery League Tables