Key Considerations for Business Owners – Business Recovery & Insolvency
The earlier you seek advice, the more opportunity there may be to explore recovery, restructuring or refinancing options. Before speaking with a solicitor, it can be helpful to consider the following matters and gather any relevant information.
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Below are some of the points a solicitor may wish to discuss when responding to your enquiry. It can help if you prepare the relevant information so that your initial conversation is more productive.
- The Current Financial Position – Be prepared to provide an overview of the business’s current financial circumstances.
- Creditor Pressure – Consider whether creditors have taken, or threatened to take, any formal action.
- Loans, Security and Personal Guarantees – You should identify any loans, overdrafts or other funding arrangements connected to the business.
- Business Assets – Have an outline of the assets owned by the business, including property, equipment, vehicles, stock, intellectual property and money owed by customers.
- Employees – Consider how many people the business employs, whether wages and pension contributions are up to date, and whether redundancies, transfers or changes to employment arrangements may be required.
- Contracts and Ongoing Commitments – Gather details of significant contracts, leases and ongoing commercial commitments.
- Ownership and Management – Your solicitor may need information about the ownership and management of the business, including its directors, shareholders or partners.
- Previous Transaction – You may be asked about significant transactions completed by the business.
- Your Preferred Outcome – The preferred outcome may not always be achievable, but understanding your priorities will help your solicitor provide focused and commercially relevant advice.
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