Protecting You and Your Business

Protecting You and Your Business from Business Finance Issues and Director Disqualification Problems

As the owner or director of a business, it is crucial that you have access to specialist advice when you need it to protect you and your business. Our team of Business Recovery Specialists understand what it is like to run your own business, or be a director of one, and the stress that uncertain and unfamiliar problems can bring, including business finance issues or even the possibility of director disqualification.

We have the expertise and experience to help support and protect businesses, along with their owners and directors, that are facing a wide range of problems. Our services include:

Scroll down for more information on these areas.

Contact us for help and advice on protecting your business

We can provide business owners with options, guidance and solutions for protecting their business in situations that are difficult or even where all hope seems to have gone, including when director disqualification action has started. Please contact us or call us on 0333 222 8065 for help and advice.

Director Support Services

It is possible that your business can recover from whatever issues are threatening it, and over time can return to solvency and profitability. Where a Director of a business decides there is light at the end of the tunnel and steers his or her business towards that light, it is important that the rationale and all key decisions are documented and evidenced, which our director support services can provide.

This is a sensible protection measure in case unforeseen events mean the business cannot later avoid insolvency and the decisions of the Directors then come under scrutiny, which is when director disqualification becomes a possibility.

We can provide the detailed advice you require and discuss the key areas a Director needs to ensure are covered off and reviewed regularly, not only to protect against any future claims, but also to ensure the plan is working and on track. Contact us or call us on 0222 333 8065 for an initial discussion of the director support services you are interested in.

Director Disqualification and Claims by Liquidators

It may be that you are the Director of a company that has already had to go into an insolvency process and now your actions as a Director are under scrutiny. A Director of a failed company can face director disqualification proceedings claims or be called to account for their decisions, and that is the time you will need specialist advice.

Directors may face a court application by the Department for Business Innovation and Skills for a period of director disqualification. This is based on the conduct of a Director whilst in charge of a limited company that has gone into liquidation or administration.

The consequences and costs of director disqualification action are serious and it is important that you get the right advice at an early stage to either defeat or mitigate the extent of the claims.

Directors may also face financial claims (often called misfeasance claims) by a liquidator for decisions or transactions that were made in the run up to formal insolvency proceedings commencing. These claims can be complex and difficult to understand and, again, access to timely specialist advice is essential to mitigate or dismiss these claims.

Our team of Business Recovery Specialists has extensive experience of dealing with director disqualification action taken by the Department for Business and investigated by the Insolvency Service, as well and financial claims from liquidators, and will be able to help you manage these claims.

If you are facing director disqualification or financial claims following insolvency, contact us or call us on 0222 333 8065 for an initial free discussion.

Pre-Insolvency Advice

When insolvency is unavoidable, it is crucial for you to be fully informed of the options available and what lies ahead. This can include an investigation for director disqualification and/or financial claims by liquidators. Detailed and speedy advice can be invaluable in understanding and dealing with the key issues. For example:

  • Dealing with the key stakeholders and creditors in a business before the start of a formal insolvency process,
  • Whether a sale of the business, either to new owners or existing management, is viable and if so, understanding the complex legal requirements to achieve a transparent and compliant outcome,
  • Preserving and protecting asset values for the benefit of creditors,
  • The impact of personal guarantees.

If you are facing director disqualification or a financial claim as a result of an insolvency, the sooner you contact us, or call us on 0333 222 8065, the more we can do to help.

Private Debentures

We have assisted on numerous occasions where a Director has decided to lend their own money to his/her business, sometimes to replace a funder and sometimes to provide a top-up to existing funding on a short or medium term basis. If you are about to lend to your own business, then we will work with you to ensure the same levels of security are in place for you as a bank would take if they were lending to a business, which is where private debentures come in.

Lenders to their own business, are entitled to take security in the form of private debentures or other charge over the assets (limited companies only), just like a bank would.

In the event things do not work out and there is a future insolvency event, this security may help get some or all of your money back (depending on the level and nature of assets in your business) and provide control over the direction the insolvency process might take, particularly where your business is facing recovery action from other creditors.

This is a complex legal area and for any security to be effective, it has to be put in place correctly and with transparency. If you are thinking about lending to your own business, please contact us or call us on 0333 222 8065 to discuss how we can help protect your loan.