How to buy businesses in administration or liquidation

Going into administration is when a company becomes insolvent and is put under the control of Licensed Insolvency Practitioners.  The directors and the secured lenders can appoint administrators through a court process in order to protect the company and their position as much as possible. Going Into Administration - A Simple Guide Administration is a very powerful process for gaining control when a company has serious cashflow problems, is insolvent and facing serious threats from creditors. The Court may appoint a licensed insolvency practitioner as administrator. This places a moratorium around the company and stops all legal actions.The administration must have a purpose and the Government encourages the use of company rescue mechanisms after administration. The 3 purposes (or objectives) of Administration Rescuing the company as a going concern. Company rescue as a going concern – this is usually a  company voluntary arrangement. The company enters protective administration and is then restructured before entering into a CVA. The CVA would set out proposals for repayment of debts to secured, preferential and unsecured creditors. When the company has its CVA approved by creditors, then the administration process comes to an end after 28 days. Achieving a better result for the company's creditors This is as a whole than would be likely if the company was to be wound up (liquidation) See the differences between Administration and Liquidation.  This better result is usually obtained by selling the BUSINESS as a going concern to one or more buyers. The company and the debts are “left behind”. The better result may include securing transfer or employees under TUPE, as well as selling goodwill, intellectual property and assets. Controlling and then selling property/debtors. This is called realising assets. Then the administrator makes a distribution to one or more secured or preferential creditors, in order of creditors priority. Usually the business ceases trading and employees are made redundant.Only if the first two options are deemed unattainable, can the administrator use this third option.Under the administration option, it is possible for the company and its directors (or a creditor like the bank) to apply to the court to put the company into administration through a streamlined process.However, the law requires that any finance provider (like a bank or lender), with the appropriate security, is contacted and the aims of the administration be discussed and approved. The finance provider must have a fixed and floating charge (usually under a debenture) and the charge holder will need to give permission for the process to go ahead. Five days clear notice is required.  Be aware, though, that a secured lender can appoint administrators over a company without notice if it thinks its money is at risk.  So communication with the secured lender is essential.  

Do you need to make a member(s) of your staff redundant? When facing business debt problems, one of the key decisions to make as owner or directors is this: do some roles need to be made redundant to save costs. Is the business going to be smaller if you use a CVA, or sell it through administration for example.Here are some key things to take into consideration. If you fail to act appropriately and correctly redundant employees can make a claim against your company. You could also face tribunals and fines for not acting correctly.If you don’t think your company can afford to make redundancies then read this page for information on how you can do it at NIL COST What is redundancy? Redundancy is the act of an employee losing their job as the job or role they perform is no longer needed. So, when is redundancy necessary? Cost cutting reasonsFor example resizing the company, closing certain departments or branches, perhaps due to an insolvency event such as administration or a company voluntary arrangement. When there is no longer a need for the full time role In this case where a full time role may no longer be available but there may be a new part time role, then the employer must offer the part-time position to the current full-timer.If the employee refuses, usually because the part-time position is not as convenient or suitable as an alternative, then the employee must be paid redundancy pay.Full business closure, either temporary (COVID-19, refurbishment) or permanent So, remember, it is vital to only proceed with redundancy when appropriate as it will impact the employees and your business significantly.A number of alternatives can always be looked into, if trying to cut costs; reducing overtime, freezing any increases to salary/wages, putting a halt on any further recruitment, terminating contracts of temporary or agency staff.When redundancies are compulsory, for example, when employees need to be let go to save business costs and avoid insolvency there are certain criteria you can use to ensure the staff you choose to make redundant is fair. Typically use;Standards of work produced Attendance and disciplinary records Length of employment/service (it is important to avoid age discrimination here) Skills, experience and appraisal data (be careful to avoid sex/disability discrimination)Some employees may self-select and volunteer to be made redundant (usually if they are close to retirement age anyway and their redundancy pay will be worthwhile). Be sure to use previously agreed redundancy procedures made with unions if applicable too.It is vital for you as an employer to…Keep the employee informed with what is happening. Consult the employee and give an honest explanation as to why they have been selected to be made redundant. There is a period of consultation based on the amount of employees being made redundant.For between 20 and 99 employees being made redundant at once, there is a minimum obligation of 30 days and no less, to consult with employees. For 100 or more this period extends to 90 days and for any less, no set amount is required.Look into all other options and discuss this with the employee; are there any alternative employment positions you can offer? Can they be transferred to a different department of the company? Or a different branch? Alternative employment positions must be of a similar nature.The three key aspects of making an employee redundant are;consultation selection offer alternatives.What rights do redundant employees have? When dismissed due to redundancy, employees are entitled redundancy pay, provide the following conditions apply:they are a actual employee of the company, not a subcontractor they have had at least two years of continuous service they have been dismissed for redundancy purposes only.The sum of redundancy pay they will receive depends on their age at dismissal, weekly gross salary and length of service completed. Please note the Government caps the amount at £700 a week, with the maximum statutory redundancy pay at c.£17000.Do also check the employment contract for the employee as they may have alternative conditions. For example, one month’s pay per year of service. If this is the case, the contract entitlement would be followed instead. In any situation, the highest amount is always paid, be it the contractual or statutory amount. Before a staff member can be made redundant, their notice period must be served and this must usually be paid for. You can have more than the statutory minimum, so long it is agreed, but not less. Currently the notice periods are, at least one weeks’ notice if employed between one month and 2 years, one weeks’ notice for each year if employed between 2 and 12 years and 12 weeks’ notice if employed for 12 years+. Be aware that in some situations the employee can be paid in lieu instead, depending on their employment contract entitlements. When employees serve their notice period, allow them paid time off to look for alternative employment.Any accrued, untaken holiday pay will need to be paid for. This is capped at £700 a week and at a maximum of six weeks. Although redundancy payments are tax-free up to £30,000, for holiday pay, both income tax and national insurance are applicable. More about employee rights when being made redundant can be found here.If your business or company cannot afford to make redundancies then your business or company is in effect insolvent. As such, you will need to act and take advice from specialist advisors such as KSA Group the owners of this webpage, who are licensed insolvency practitioners.If the business could be viable after costs such employee roles can be made or other costs can be cut, then a company voluntary arrangement might be the best way to rescue the situation. Any redundancy pay or lieu of notice post an insolvency event may be paid though the RPORedundancy Payments Service Insolvency Service redundancypaymentsonline@insolvency.gov.uk Telephone: 0330 331 0020 Monday to Thursday, 9am to 5pm Friday, 9am to 3pmSee the video below for more information

A guide to help employees whose company has gone into administration. Find out your rights, will you get arrears of pay and how can you claim redundancy.