Liquidation of a company does not affect an individual’s credit rating. A credit rating is a measure of an individual’s creditworthiness and is used by lenders to assess the risk of lending to a particular borrower. A credit rating is based on various factors, including an individual’s credit history, debt-to-income ratio, and payment history.
When a company goes into liquidation, it can have an impact on the businesses credit ratings and not the directors and shareholders of the company, as the liquidation process involves the sale of the company’s assets to pay off its debts.
If the debts are not fully paid off, this could result in negative information being recorded on the credit reports of the directors and shareholders of the company, which could potentially affect their credit ratings.
It is important to note that the specific impact of liquidation on an individual’s credit rating will depend on their individual circumstances and the specific circumstances of the liquidation.
The question regarding directors liabilities for their company debts is a pressing concern for those entering liquidation. In this article will explain the reasons you may be personally liable for the debts and when they can affect your personal credit rating.
How would my credit rating be affected by a company liquidation?
If you’re a business owner, there’s always the possibility that your business could fail. If this happens, it could have a serious impact on your credit rating. When a business fails, its owners are often held responsible for the company’s debt. This means that if you have any outstanding loans or credit card balances, they will likely go into collections.
Even if you’re able to make arrangements to repay your debts, the late payments will still show up on your credit report and could cause your score to drop. In addition, the business failure will remain on your credit report for seven years, making it difficult to obtain new financing during that time.
However, if you’re able to successfully turnaround the business, it can ultimately help to improve your credit rating. By proving that you’re capable of meeting your financial obligations, you can help to build positive momentum in your credit history.
Company Liquidation and Your Credit Score
As a company director, you are bound by certain responsibilities and must always act for the good of the company. Directors of limited companies have little risk (or limited liability) of falling foul of company debts if the business fails. However, you must have acted properly – in accordance with the Companies Act 2006 along with the Insolvency Act 1986.
If you do not act appropriately, or fail to act reasonably and keep proper accounts and records, you may face director’s liabilities. Furthermore, if you continue to take credit knowing the company does not have the resources to make repayments, you are at huge risk of personal liabilities for the company debts. This action is regarded as wrongful trading and, if proven, can put you at very personal risk. More information can be found on wrongful trading here. In short to avoid being accused of wrongful trading you should take steps to deal with the company’s insolvency when it is clear there is no chance of recovery.
If you continue to rack up debt when you have already determined the company will be entering liquidation, it may be classed as fraudulent trading. If found guilty, you could even face imprisonment.
If you have any personal guarantees on anything obtained for the company, for example on a business loan or property lease, and the business is unable to meet the agreed payment terms, then as a director you will be personally responsible. If you don’t meet the payment schedule, then the creditor, whether it’s the landlord or the bank, will pursue you personally for the debt. Make sure you look at all your agreements to see exactly what your situation is.
Does liquidation affect credit rating uk
Once a limited company is liquidated, the liquidation does not affect a directors credit rating. Should you try to raise finance on behalf of another company, it will be flagged that a liquidation has taken place.
Credit reference agencies will pull information about possible matches from companies house, your name, home address and date of birth against your credit profile, this is more of a reference though and not classed as a negative, the credit rating agency will state something like “exercise caution as the director has had previous company failures”.
It is simply a case of once bitten twice shy. Normally, this does not cause a problem if it happened just once but if you have had multiple failures it will be difficult for your company to raise credit, no matter how well it is doing. Insurance companies are particularly picky on this point so you will probably pay a higher premium for business insurance.
Can a director of a liquidated company get a mortgage
It is possible for a director of a liquidated company to obtain a mortgage, but it may be more challenging than it would be for someone who has not been a director of a liquidated company. Lenders typically consider a variety of factors when deciding whether to approve a mortgage application, including the borrower’s credit score, income, debts, and employment history.
If a borrower has a history of liquidating a company, this may be viewed as a risk by the lender and could negatively impact the borrower’s chances of being approved for a mortgage. However, it is important to note that each lender has its own set of underwriting guidelines and criteria for approving mortgage applications, so it is possible that a director of a liquidated company could still be approved for a mortgage depending on their individual circumstances.
Limited liability
An advantage of a limited company is it provides limited liability protection. So, if the business encounters financial difficulties or debts, it stays confined to the company and shouldn’t affect your personal finances or credit rating.
If you’re a sole trader or a member of a partnership, you don’t have limited liability protection. Consequently, your business assets and your personal assets are legally the same (unless you’re in a limited liability partnership).
However, Directors and Shareholders need to ensure that they seek the correct professional advice as there are issues which may impact on them personally even if it does not directly affect their credit rating when placing a Company into a formal insolvency process. These issues include but are not limited to:
- Personal guarantee that may have been given to banks or suppliers
- Illegal dividends where dividends have been drawn over and above the Company’s distributable reserves. As these are classed as illegal dividends then these are repayable
- Overdrawn Directors loan account – where the Director has loan monies from the Company instead of taking a salary or dividends
- Excessive remuneration – if an insolvency practitioner considers that the Directors have been drawing a salary that is above what is considered reasonable
- Claims that an Insolvency Practitioner may have against the Directors such as Preferences, Transactions at an Undervalue insolvency act 1986, Wrongful Trading and Fraudulent Trading
Your personal credit rating
Your credit rating is linked to your credit file, which logs your personal borrowing and repayment activities. You keep your credit rating healthy by repaying your debts on time and not taking out more lines of credit than you can afford.
Taking out multiple lines of credit and falling behind on payments can damage your credit rating, making it harder to secure loans and mortgages.
What about getting a new job?
Getting a job after a company liquidation may be more challenging, as some potential employers may view the liquidation as a negative mark on an individual’s work history. During the job application process, it is common for employers to conduct a credit check as part of their background check process.
A credit check can reveal information about an individual’s credit history, including any debts they may have and their payment history. If an individual’s company has gone into liquidation, this information may be reflected on their credit report and could potentially be viewed as a negative by potential employers. However, it is important to note that each employer has its own hiring criteria and may place different levels of emphasis on an individual’s credit history when considering them for a job.
It is possible for an individual to still be hired for a job after a company liquidation, even if their credit check reveals negative information about the liquidation. It may be helpful for the individual to be transparent with potential employers about the circumstances of the liquidation and to emphasise any positive aspects of their work history and qualifications.
Read more: What does liquidation mean for a director?
Conclusion
In conclusion, it is important to note that a personal credit score is generally not directly affected by a company liquidation. A personal credit score is a measure of an individual’s creditworthiness and is based on their credit history, including information about their debts, payment history, and credit utilization.
A company liquidation does not directly impact an individual’s personal credit score unless the individual has personally guaranteed the debts of the company and those debts are not fully paid off as a result of the liquidation. In such cases, the unpaid debts may be reflected on the individual’s credit report and could potentially affect their credit score.
However, it is important to note that the specific impact of a company liquidation on an individual’s credit score will depend on their individual circumstances and the specific circumstances of the liquidation. Overall, it is important for individuals to be aware of their personal credit score and to take steps to maintain a strong credit rating, such as paying debts on time and using credit responsibly.
With over three decades of experience in the business and turnaround sector, Steve Jones is one of the founders of Business Insolvency Helpline. With specialist knowledge of Insolvency, Liquidations, Administration, Pre-packs, CVA, MVL, Restructuring Advice and Company investment.