A formal insolvency process where a licensed insolvency practitioner is appointed to take control of a company.
An order of the court, appointing an administrator to take control of a company. A company can also be put into administration if a floating charge holder, or the directors or the company itself file notice at court.
A licensed insolvency practitioner appointed by the holder of a debenture containing a floating charge over the whole or most of a company’s assets. The receiver’s job is to realise the company’s assets in order to repay the debenture holder.
A formal insolvency process where a licensed insolvency practitioner is appointed by a debenture holder (a lender) to sell a company’s assets, pay preferential creditors and the debenture holder’s debt. The debenture under which the receiver is appointed must be dated before 15 September 2003, otherwise the debenture holder cannot appoint an administrative receiver – instead he could only appoint an administrator to try to get his money back.
A licensed insolvency practitioner appointed in an administration process.
An AGM is where the directors of a company formally report the results of the past financial year to the shareholders. The shareholders can also vote for any changes to the auditors and directors, and authorise any dividends.
Anything that is owned by the company which is of value. Assets may be ‘tangible’, such as a property, stock, machinery, vehicles, or ‘intangible’ such as goodwill, trademarks, patents.
An often misused word. On a strict legal basis only individuals, and not companies, go into bankruptcy. For this reason insolvency practitioners will not use the term when talking about company insolvencies.
Money owed to a company for goods supplied or services provided. Often book debts of companies are factored or invoice discounted, so as to provide security to lenders funding the business.
A CCJ is a court action where a company is taken to court by a creditor who is trying to force it to pay a debt. The court can order that the company pay the debt within a period of time. If the debt is not paid, the creditor can take further action, such as sending in a bailiff to seize assets or petitioning for a winding up order.
Security taken over property by a lender to give them first port of call when the property is sold. Like the mortgage on your house.
Companies House hold certain information on all UK limited companes. This information is readily available to everyone at minimal cost. Companies House also set up (incorporate) and dissolve companies.
An act enabling the government to disqualify directors who fall short of expected standards.
Winding up of a company on a petition presented to the court, usually by a creditor.
Someone who is liable to pay monies across to the liquidator if it is wound up. In most cases this means shareholders who have not paid for their shares in full.
Banks and other actual and potential creditors use a company’s credit rating to assess how much they should lend to a company. A good rating may result in them lending more money. A low score may mean a lesser amount is offered or the request refused. The rating is assessed on the company’s financial position, the sector in which it operates, its size, and whether there are any CCJ’s or any defaults on paying debts.
Anybody who is owed money. It can also be someone who will (or may) be owed money at some time in the future as a result of an obligation, such as a contract, that has already been entered into.
A CVA is an agreement between the company and its creditors to repay a percentage of the sum owed to them. While in a CVA the directors keep control of the company and continue to trade almost as normal, but with certain restrictions.
The start of the end of the company. It will stop trading, all contracts will be terminated and assets sold. The directors then the shareholders start off the process.
A document issued as evidence of the granting of security for a loan. The term is often used in relation to loans (usually from banks) secured by charges, including floating charges, over companies’ assets.
These are individuals or companies that owe money for goods or services provided.
These are monies that are owed to a company for goods supplied or services provided.
Directors are responsible for the managing limited companies. They are protected from personal risk provided they have acted professionally and correctly.
If insolvency offences have been committed by a director, the DTI could ban him from acting as a director or manager of a company for a period of time, up to 15 years.
The true ‘death’ of a company, when it ceases to exist.
A tool used by landlords to receover unpaid rent, whereby goods or assets are removed and sold. The landlord does not need a court judgement to distrain.
Money distributed to preferential or unsecured creditors in an insolvency.
The DTI is a government agency working to make UK business a success. The DTI run the The Insolvency Service and regulate some insolvency practitioners. They also help in many employment issues such as redundancy.
A way of funding a company. The company receives payment for their unpaid debts from the factoring company who take a percentage of the debt as a fee.
A charge held over specific assets, such as a property. The company cannot sell assets subject to a fixed charge without the consent of the secured creditor and paying across the net proceeds secured by the charge.
A charge held over the general assets of a company. The assets often change (such as stock) and the company can use the assets without the consent of the secured creditor until the charge “crystallises” (becomes fixed). Crystallisation occurs on the appointment of an administrative receiver, on the presentation of a winding-up petition or as otherwise provided for in the document creating the charge.
Where trade continues without any means of repaying the debts and with the intention of defrauding creditors. A criminal offence. Any director and any senior company personel involved in trading fraudlently can be made personally liable for debts incurred while the company traded fraudulently.
The London Gazette is the official newspaper containing various statutory notices in respect of companies. Also accessible over the web.
Where a company is trading successfully, making a profit, and unlikely to fail.
An agreement to pay a debt owed by a third party. It must be evidenced in writing for it to be enforceable.
A government department who regulates and collects customs and duties such as VAT and PAYE. No longer a preferential creditor.
An insolvency practitioner is usually an accountant trained and specialising in insolvency. Normally authorised by a ‘recognised professional body’ (‘RPB’) such as the ICAEW.
This is when a company cannot afford to repay its debts as and when they are due, or where its liabilities exceed its assets.
A form of security (eg a mortgage) to ensure payment of a debt.
Debts and obligations of a company.
A company with its own legal identity. This ensures the directors are not liable for the company’s debts provided they act properly.
Owners of a company have their liability for the company’s debts limited. Their liability is limited to the paid-up value of the shares they own i.e. it is limited to the amount they agreed to pay for the shares when they purchased them.
Applies to companies. It involves the realisation and distribution of the assets and the closing down of the business. There are three types of liquidation – compulsory, creditors’ voluntary and members’ voluntary.
The Insolvency Practitioner appointed to administer the liquidation of a company.
A person who has agreed to be, and is registered as, a member, such as a shareholder of a limited company.
An Insolvency Practitioner who carries out the preparatory work for a company voluntary arrangement, before its implementation.
A director, manager or secretary of a company.
An officer of the court and civil servant employed by The Insolvency Service, who deals with compulsory company liquidations.
This is a letter written by someone guaranteeing the payment of money lent to a limited company so if the company fails to pay, the lender can call on the personal guarantee to repay the remaining debt.
A formal application made to a court.
A creditor who is entitled to receive certain payments in priority to floating charge holders and other unsecured creditors. These creditors include occupational pension schemes and employees.
A form completed by a creditor in a liquidation to state how much is claimed. The form is supplied by the Liquidator.
Instead of attending a meeting, a person can appoint someone to go and vote in their place – a ‘proxy’. Note that because a limited company is a separate legal entity, for it to vote as a creditor at a meeting, a proxy has to be submitted appointing an individual to vote on its behalf.
A form needed if a creditor wishes someone else to represent him at a creditors’ meeting and vote on his or her behalf.
When a company is being wound up, the insolvency practitioner can apply to the court to question the company’s directors, or any other person who has taken part in the ‘promotion, formation or management’ of the company.
Selling it or disposing of an asset to raise money.
The commonly used name for an administrative receiver.
A company in administrative receivership is often said to be “in receivership”.
Redundancy is a form of dismissal. It could be that the company is down sizing or closing a department or closing the whole company. The staff are then made redundant as there is no longer available employment.
A procedure that cancels a winding-up order.
The process by which the Insolvency Practitioner is discharged from the liabilities of office as liquidator or administrator.
The Secretary of State for the Department of Trade and Industry
A creditor who holds security, such as a mortgage, over a company’s assets for money owed.
A person who, without being formally appointed, gives instructions on which the directors of a company are accustomed to act. Can be held personally liable for a company’s debts where there is wrongdoing or the directors fail to live up to standards expected of them.
Own stakes in Limited Companies. They can vote on how a company is run and they earn a share of the profits as a dividend. With small limited companies, they are often the same people as the directors.
A document sworn under oath, completed by company officer or director, stating the assets and giving details of debts and creditors.
An IP appointed to supervise the carrying out of a company voluntary arrangement.
Is the money a company takes for its services before any expenditure is deducted. It is not the profit of the company.
A creditor who does not hold security (such as a mortgage) for money owed. Some unsecured creditors may also be preferential creditors.
Order or a court to unfreeze its bank accounts or allow assets to be sold, after they have been frozen by a Winding-up Petition. If a validation order is granted, any transactions from the bank account then become valid. A validation order can also be used if the company wishes to sell any assets or property.
Is a tax levied on goods and services which are liable for VAT.
A method of liquidation not involving the courts or the Official Receiver. There are 2 types of voluntary liquidation – members’ voluntary liquidation for solvent companies and creditors’ voluntary liquidation for insolvent companies.
Order of a court, usually based on a creditor’s petition, for the compulsory winding up or liquidation of a company