Establish the cash position
Prepare a short-term cash flow showing essential receipts, wages, tax, suppliers, rent and finance commitments.
Urgent: winding-up petition, statutory demand or unpaid wages? Call 0333 123 5656Advice for company directors
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
These actions help create a reliable picture of the company and protect the quality of later decisions.
Prepare a short-term cash flow showing essential receipts, wages, tax, suppliers, rent and finance commitments.
Preserve accounting records, correspondence, contracts, payroll information and control over company property.
Consider whether orders, credit and expenditure can be fulfilled without worsening the position for creditors.
Record the information considered, professional advice obtained and reasons for material decisions.
Connected-party payments, asset transfers and preferences require careful scrutiny.
Options tend to reduce after enforcement, a petition or loss of stakeholder support.
Director duties
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.
Personal concerns
Guarantees should be identified and reviewed for scope, amount, security and enforcement triggers.
Read moreAn overdrawn balance may be repayable to the company and pursued in an insolvency process.
Read moreDisqualification is not automatic, but a liquidator has statutory reporting duties concerning conduct.
Read moreRestrictions can apply to the reuse of a prohibited company name and must be considered before action is taken.
Read moreA disciplined review
Identify deadlines, cash requirements, creditor action and operational risks.
Assess cash flow, assets, liabilities, funding, profitability and stakeholder positions.
Test rescue, restructuring, sale and closure routes against the likely creditor outcome.
Explain the recommendation, record the basis for the decision and coordinate the next steps.
A useful first step
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.