Company Administration

What is company administration?

Company administration is a formal insolvency process that is designed to protect a company from its creditors while a solution is sought to its financial difficulties. When a company enters administration, an insolvency practitioner is appointed to take over the management of the company, with the aim of preserving its value and maximising the return for its creditors.

The administrator has a duty to act in the best interests of all creditors, and may decide to continue trading the business while a rescue plan is formulated, or sell the business to a third party. During the administration process, the company is protected from legal action by its creditors, and any legal action that is underway is halted.

The ultimate aim of administration is to secure the future of the company and protect the interests of its employees, shareholders, and creditors

The characteristics that make up administration include:

When a company goes into administration, the goal is to help it be saved by restructuring so that it may become profitable again and, ultimately, avoid going out of business.

Trading stance: Although the company is now having cash flow issues, the core operation is sound, therefore insolvency may be prevented.

Interests served: When a corporation enters an administration, the insolvency practitioner represents the company’s interests while also taking into account those of the creditors.

Administration could be necessary if your company is in financial trouble but still has worth. The prospect of administration should be considered if your firm has a robust order book and a strong brand that may be of interest to the current management team or to a third party

What are the criteria for a company going into administration?

A company must fulfil certain requirements in order to enter administration:

• The business must be insolvent but still be able to fulfil a certain statutory objective outlined by the applicable insolvency law.
• In order for the act of coming into administration to be a measure to avoid compulsive liquidation, there needs be strong creditor pressure.

Who can put a company into administration?

There are several parties who can put a company into administration. The directors of the company can choose to initiate the process if they believe it is in the best interests of the company and its creditors. Alternatively, a creditor of the company, such as a supplier or a bank, can apply to the court to have the company placed into administration if they believe that the company is insolvent and cannot pay its debts.

In some cases, the company’s shareholders may also have the power to initiate administration proceedings. Finally, the company itself can also apply for administration if it believes it is insolvent and needs protection from its creditors.

What protection is offered by entering into administration?

Entering into administration offers a number of protections for a company facing financial difficulties. Firstly, as soon as the company enters administration, it is protected from legal action by its creditors, which gives it some breathing space to try to restructure its finances or sell the business.

The administrator also takes control of the company’s affairs, which can relieve some of the pressure on the company’s directors and allow them to focus on the day-to-day running of the business. In addition, the administrator has the power to terminate contracts and make redundancies, which can be necessary steps in order to reduce the company’s liabilities and make it more attractive to potential buyers.

Finally, entering into administration can provide a better outcome for creditors than other insolvency procedures, as it is designed to preserve the value of the business and maximise the return for creditors. However, it is important to note that not all companies will be able to be rescued through administration, and some may ultimately be liquidated.

What actually happens when a company goes into administration?

When a company goes into administration, an insolvency practitioner is appointed to take control of the company’s affairs and manage its operations. The administrator’s primary goal is to rescue the company as a going concern, which means that they will explore all possible options to keep the business trading and protect the interests of employees, shareholders, and creditors.

The administrator will conduct a thorough review of the company’s finances and operations, and will work with stakeholders to formulate a plan for restructuring the business or selling it to a third party. During the administration process, the company is protected from legal action by its creditors, which gives it some breathing space to try to turn its fortunes around.

However, if it becomes clear that the company cannot be rescued, the administrator may recommend that the company be liquidated. Ultimately, the aim of administration is to achieve the best possible outcome for the company’s stakeholders.

Company administration process

The process of company administration may be difficult and daunting for the firm’s directors, but when handled properly, it can help give a much-needed path to recovery.

In a moment of difficulty for the firm, as well as for the directors, employees, suppliers, clients, and other creditors owing money, having the expert guidance of a certified insolvency practitioner will help directors understand their duties and legal obligations.

Appointment

The selection of an Administrator is the first stage. A court order is not necessary when the company’s directors designate an administrator; the necessary paperwork is just filled out and filed with the court in this case. The administration must be announced five days in advance if the company has secured creditors who receive the benefit of floating charges.

All creditors will receive a thorough and detailed proposal that details the work done thus far and any ongoing plans. The administrator’s main objective is to act in the company’s creditors’ best interests. To generate cash that can be utilised to pay the company’s creditors, all assets will be evaluated and realised.

Communication

The administrator must gather information on the company’s creditors and inform them of their appointment. The London Gazette must also publish an announcement of the appointment.

A Statement of the Company’s Affairs (SOA) must be given to the administrator within 11 days of the administrator’s appointment by the board of directors. This must list any assets subject to fixed or floating charges and outline all of the company’s assets and liabilities.

Proposals

The administrator has eight weeks to present the company’s creditors with ideas of intended strategy. The proposals will contain comprehensive information on the administrator’s appointment, a copy of the SOA, and information about how they want the administration to end.

The suggestions must be approved in an initial decision procedure within 10 weeks of the company’s administration date. Although this might be extended by the Court or the creditors themselves, notification to the creditors must be given at least 14 days in advance.

Progress Report

The administrator must update the creditors on the status of the administration procedure and submit reports to Companies House if it takes six months or longer.

When does the Administration period end?

Although every situation is different, administration typically comes to an end when its objectives are met. A 12-month period is the default end of administration, however this can be extended if more time is required to complete asset realisation, the statutory purpose, and all other administrative tasks.

What are the options for a company during and after Administration?

There are several possibilities for what might occur, the most prevalent of which are:

Sale as a ‘Going Concern’

Either the company will be put up for sale on the open market or it will be sold as part of a “pre-packaged” deal, which entails promoting the company before administrators are appointed.

Pre-Pack Administration

The procedure by which the company is made ready for sale before the appointment of an administrator is confirmed is known as a pre-pack administration. In order to maximise the value of goodwill and minimise the loss of clients and business, the sale will be finished as soon as the administrator is appointed.

Before the previous firm is dissolved during the administration process, the pre-pack sale is a strategy to safeguard its name, its business, and all of its assets.

Company Voluntary Arrangement (CVA)

If the administrator believes that the company will be able to survive as a separate entity in the long run, a CVA may be selected. A CVA that is accepted would enable the company to come out of administration, with the administrator taking over as manager. A CVA calls for a single payment to be made each month, which is subsequently divided among all creditors in accordance with the CVA’s terms.

A moratorium protects the company as the administrator collaborates with the directors to develop a plan for the CVA. If the creditors approve the CVA, the directors regain control of the company and carry on with their operations. This procedure can frequently be finished in a few short weeks.

Liquidation

By placing the business into liquidation, this can be accomplished if, after the administration, there are assets that still need to be realised and/or a dividend to pay to creditors. The administrator will be named as the liquidator, and the procedure might take more than a year to complete.

Dissolution

When there is no need to put the company into liquidation, company dissolution is the proper course of action. This can occur if there isn’t any money or other assets available to pay for the dissolution of the marriage’s creditors. The business will be dissolved and its information will be erased from Companies House’s database.

What happens after an insolvency process is chosen?

During this time of protection, we will work with you to investigate the aforementioned options in order to decide when the firm should go into administration.

Most of the time, the business will be most valuable to the current management team, who have experience with the firm, and the important client relationships. In these cases, administration gives you the chance to investigate the prospect of purchasing the company’s assets and business again without having to pay any outstanding obligations. This makes it possible for you to keep all or a portion of the current employees while preserving the worth of the business’ goodwill and ongoing projects.

Whatever path is chosen, your insolvency practitioner will be there every step of the way to help you and your company.

How long does the administration process take? 

Depending on the situation, entering into administration may take a few hours to two weeks or more. A plan will be developed between hiring an insolvency practitioner and the company going into administration; this process normally takes one to two weeks.

With the approval of the creditors or the court, the administration process may be extended for an additional 12 months. However, the procedure can be finished early if the administrator fulfilled all of their obligations before to the auto-expiry and achieved a specific administration goal.

How much does the administration process cost?

Any business facing financial difficulties must prioritise figuring out how to make outstanding payments. An administrator will examine the business and its assets, considering possible outcomes, and present a plan to creditors.

A business may occasionally have enough sellable assets to meet the expense of the administration.

Who gets paid first in an administration?

The Insolvency Act of 1986 specifies the payment arrangement when a firm goes into administration. Each level of creditors is paid what is owed to them once a company enters a formal insolvency process. Any remaining funds are then distributed to the next level of creditors. The cycle is repeated until no more money is available.

Asset sales and potential corporate restructuring are used to raise money and realise as many assets as possible. The following terms are used to rate creditors:

• Fees and expenses incurred by the Administrator
• Any secured lenders who are subject to a fixed charge (usually property or stock debts)
• creditors with preference
• secured debt holders with a variable charge
• HMRC
• unsecured creditors in total
• shareholders in the business
• The creditors who hold title to a business asset will be reimbursed from the pot once the designated insolvency practitioner has taken their fees for the administration process they have conducted.

Employees requesting unpaid overtime and holiday compensation are included in the category of preferential creditors. Employees typically submit claims through the Redundancy Payments Service, which then submits them to the authorised administrator. Then, from the company’s net property, money can be paid to secured creditors

Advantages and disadvantages of company administration

Administration could be necessary if your company is in financial trouble but still has worth. If your business has a healthy order book and a solid reputation, you should investigate the possibilities of administration.

Advantages:

• Protection from the creditors of your business.
• offers the chance for your company to be saved under your direction.
• A moratorium stops creditors from suing the corporation going forward.
• Assuring that all decisions made during Administration are made with the interests of the company and its creditors in mind, the
• Administrator is a licensed insolvency practitioner.
• In an administration, more money is typically made overall than in a liquidation.
• The technique can be utilised to eliminate historical debt and get rid of contracts that have grown burdensome, protecting the business’ continuance.
• The administrator may suggest a CVA during the process, which could allow a firm to be saved in its existing form and put back under the owner’s management.

Disadvantages:

• Once the notice of appointment is submitted in court, the directors’ authority over the company’s business ends, and the administrator now has control over it.
• The administration comes to the attention of the general population. Customers can be confused because the appointment’s specifics are listed at Companies House and published in the London Gazette.
• Any director of the firm will be subject to an administrator’s review and reporting on their deeds. In rare situations, this might lead to a director’s disqualification or the requirement to repay any funds handled inappropriately to the firm.
• Although it should be emphasised that these expenditures will be subject to creditor approval and should be able to be paid for with money generated from the revenues of asset realisations, the cost of administration can be fairly high.
• You might not be able to make significant staffing changes. Any transaction made through administration will probably be covered by TUPE, protecting the interests of the workers. Even if an employee is laid off before a transfer, the new business may still be held liable for their benefits.

Company Administration Explained

Frequently asked questions

What are the consequences of a company entering administration?

While entering administration can offer some protections for a company facing financial difficulties, there are also some potential consequences to consider. Firstly, the company's directors will lose control of the business, as an administrator will take over the management of the company. Secondly, the company's creditors may not be paid in full, which could damage the company's relationships with suppliers and lenders. Finally, if the company cannot be rescued, it may ultimately be liquidated, which could result in the loss of jobs and damage to the company's reputation.

Can a company continue trading while in administration?

Yes, a company can continue trading while in administration, as long as it is in the best interests of the company's creditors. The administrator will assess the viability of the business and determine whether it is possible to continue trading while a rescue plan is formulated or a buyer is sought. If it is not possible to continue trading, the administrator may decide to close the business and liquidate its assets.

What role do creditors play in the administration process?

Creditors play a significant role in the administration process, as they will be affected by any decision that is made regarding the future of the company. The administrator has a duty to act in the best interests of all creditors, and will work with them to formulate a plan for restructuring the business or selling it to a third party. Creditors will also be asked to vote on any proposals that are put forward by the administrator, and their support will be needed in order to approve any plan of action.

Conclusion

Company administration can be an excellent tool for businesses that are under financial pressure, as it provides a structured framework for restructuring and potentially saving the company. By entering into administration, the company gains some breathing space from legal action by its creditors, which allows it to focus on restructuring its finances or selling the business.

The administrator will take control of the company’s affairs and work with stakeholders to formulate a plan for restructuring the business, which may include renegotiating contracts, making redundancies, or selling parts of the business.

By taking these steps, the company can reduce its liabilities and become more attractive to potential buyers, which can increase the likelihood of a successful sale and maximise the return for creditors. Ultimately, while the administration process can be difficult and complex, it can be an effective way for businesses to restructure and emerge stronger from financial difficulties. If you are worried about the next step and would like to talk though the process of a company administration simply complete the online enquiry form.