Advice for company directors

Financial pressure requires an informed board response.

Directors do not need to diagnose insolvency alone. The immediate priority is reliable information, protection of company value and decisions that can be explained and supported.

Immediate priorities

What the board should address now.

These actions help create a reliable picture of the company and protect the quality of later decisions.

01

Establish the cash position

Prepare a short-term cash flow showing essential receipts, wages, tax, suppliers, rent and finance commitments.

02

Protect records and assets

Preserve accounting records, correspondence, contracts, payroll information and control over company property.

03

Review new commitments

Consider whether orders, credit and expenditure can be fulfilled without worsening the position for creditors.

04

Document board decisions

Record the information considered, professional advice obtained and reasons for material decisions.

05

Avoid unusual payments

Connected-party payments, asset transfers and preferences require careful scrutiny.

06

Take advice early

Options tend to reduce after enforcement, a petition or loss of stakeholder support.

Director duties

Creditor interests become increasingly important as financial distress deepens.

Where directors know or ought to know that the company is insolvent or bordering on insolvency, or that insolvent liquidation or administration is probable, creditor interests must be considered. If an insolvent liquidation or administration becomes inevitable, creditors' interests become paramount. Directors should avoid worsening losses, preserve company assets and maintain adequate records. Taking advice does not predetermine closure. It helps the board understand and evidence the basis for its decisions.

Cash flowCan debts be paid as they fall due?
Balance sheetAre assets sufficient to meet liabilities, including contingent claims?
ProspectsIs there a reasonable and funded route to improvement?
Creditor impactWill continued trading improve or worsen the likely outcome?

Personal concerns

Company distress often creates questions for directors personally.

Personal guarantees

Guarantees should be identified and reviewed for scope, amount, security and enforcement triggers.

Read more

Director's loan accounts

An overdrawn balance may be repayable to the company and pursued in an insolvency process.

Read more

Director disqualification

Disqualification is not automatic, but a liquidator has statutory reporting duties concerning conduct.

Read more

Starting another company

Restrictions can apply to the reuse of a prohibited company name and must be considered before action is taken.

Read more

A disciplined review

How we help the board reach a decision.

  1. 01

    Understand the immediate pressure

    Identify deadlines, cash requirements, creditor action and operational risks.

  2. 02

    Review financial information

    Assess cash flow, assets, liabilities, funding, profitability and stakeholder positions.

  3. 03

    Compare outcomes

    Test rescue, restructuring, sale and closure routes against the likely creditor outcome.

  4. 04

    Document and implement

    Explain the recommendation, record the basis for the decision and coordinate the next steps.

A useful first step

Understand the position before options narrow.

Answer a small number of questions about the pressure facing the company. The initial discussion is free and without obligation. Fees for any formal work are explained before an instruction is accepted.

Check your options Prefer to speak? 0333 123 5656