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How is The Insolvency Process Carried Out for Closing a Business with Outstanding Debts?

Posted by Todd Davison on Dec 20, 2023 1:00:00 PM

The prospect of business insolvency is a daunting reality that most business owners and directors shy away from. However, preparing for the potential of financial turbulence and understanding the available routes is crucial.

Exploring these uncomfortable yet necessary avenues allows you to equip your business with the insights you need to navigate the unpredictable landscape of business.

In this blog, our experts at Purbeck Insurance explore various insolvency processes, from assessing your business to legal compliance.


Assessing your business

When a business finds itself struggling under the pressure of unmanageable debts, the decision to close its doors can seem inevitable. However, before you resign the fate of your business to insolvency, you need to ask yourself if there are any actions you can take to turn the situation around.

The first step you should take is to make a thorough assessment of your business to examine the strength of its financial standing and any potential avenues for recovery.

Even while you struggle to make repayments, there is still a chance that your enterprise can be salvaged. For this reason, you may find it valuable to consult financial experts and evaluate restructuring possibilities.


Navigating insolvency

The result of your assessment might reveal that your business is beyond the point of salvaging and the best course of action to take is closure via a formal liquidation process. This ensures your business affairs are brought to a close in an orderly manner, involving an appointed insolvency practitioner.


What are the various insolvency processes?

Depending on the circumstances surrounding your business, there are distinct processes for taking your insolvent company into liquidation, which include:


-    Creditors’ Voluntary Liquidation (CVL)

This is a controlled and deliberate approach handled by the company’s directors. Unlike compulsory liquidation, CVL allows the directors to take control of the process and appoint a licenced insolvency practitioner to over the liquidation of assets. The proceeds from asset sales are then fairly distributed among creditors, which effectively closes the businesses while meeting their obligations.


-    Compulsory Liquidation

In stark contrast to CVL, compulsory liquidation involves the forced closure of the business via court order. This typically occurs when creditors take legal action against a business due to unpaid debts, pushing for the company’s liquidation to recover what they are owed.

Similarly to a CVL, an appointed insolvency practitioner takes charge of liquidating the company’s assets. Compulsory liquidation also marks the end of the business, leading to its closure.


How to ensure legal compliance during the insolvency process

The key to ensuring the insolvency process is conducted successfully is to comply with the relevant laws and regulations.

This involves thorough documentation, transparent communication with creditors and stakeholders and strict adherence to statutory obligations. You should also ensure that the appointed insolvency practitioner has the necessary licenses and qualifications that will help you navigate the complexities of this process and avoid legal pitfalls.

Failure to comply can lead to dire legal consequences for both the business directors and the appointed insolvency practitioner.


What happens once the insolvency process is complete?

While the insolvency may be complete with the company having formally closed its doors, there may still be remaining obligations, including reporting requirements and ongoing contractual commitments. Business directors and other individuals involved need to adhere to any residual commitments to ensure they remain legally compliant beyond the insolvency process.


Personal Guarantee Insurance from Purbeck Insurance

At Purbeck Insurance, we understand the weight that personal guarantees carry and the risk they pose to business owners in the event of insolvency.

Securing personal guarantee insurance safeguards your assets, minimising the financial impact of insolvency on your life outside of your business.

Our tailored insurance solutions, covering up to 80% of the value of your assets, are designed to alleviate the burden of personal guarantees, providing a safety net that offers you peace of mind.

To find out more about our insurance options, or to receive a personal guarantee insurance quote, get in touch with our team today.

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