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As a director or shareholder of a company which is experiencing financial issues, it is sometimes extremely difficult to prepare and implement a strategy that will change the fortunes of the business. At Ballard Business Recovery we aim to assist business owners and management to explore the different options available.
A company rescue or restructuring can take many forms depending on the circumstances of the business. Sometimes, where short term cash flow constraints exist, this can be
achieved by exploring the various finance options available to businesses.
Alternatively, if a finance option is unlikely to improve the longevity of the business, there are specific insolvency processes available that protect a company from creditor pressure whilst a restructuring is undertaken.
Administration is a very useful process that protects a company from creditor pressure, and provides an automatic stay on any current or pending legal actions, usually to facilitate the rescue of the company or the sale of its business and assets on a going concern basis.
Click here for more information on Administrations.
Click here for information specifically relating to pre-pack Administrations
CVA - COMPANY VOLUNTARY ARRANGEMENT
A CVA is a binding contract between a company and its creditors to pay back some or all of its liabilities over a specified period of time.
Our team have helped many businesses benefit from a CVA procedure, giving them the breathing space required to become successful. If you would like some further information on CVA's, please click here.
The concept of a moratorium has been around for many years, often in the pre-amble to an Administration or CVA process. A moratorium provides a company with protection from the Court against any new or existing legal actions being brought by creditors. This provides the directors with some breathing space to implement a recovery plan.
The Corporate Insolvency and Governance Bill 2020 introduced a new standalone moratorium process, allowing businesses to continue to trade providing it is likely that the company will continue as a going concern and pay all liabilities. The process must be overseen by a 'Monitor' who must be a licensed insolvency practitioner. If you would like some further information in respect of this procedure, please contact us.