The next steps if you can’t pay your debts

By Nicola Clark, Azets

12 Nov 2020

The government has introduced new protections to companies who cannot currently meet their liabilities to carry on trading. 

However, these measures are only temporary and only designed to be used by companies which believe they will be able to settle their debts once the worst of the pandemic has passed.

Government protections

These lifelines include The Corporate Insolvency and Governance Act 2020 (CIGA) which received Royal Assent and came into force from 26 June 2020. Some, but not all its provisions have now been extended to the end of the year or as far as March 2021.

The Act shields businesses from creditor pressure and introduces a new ‘light touch’ formal insolvency process including a moratorium to protect directors and entrepreneurs, who will remain in control of a company supervised by a Licensed Insolvency Practitioner. 

Once a moratorium is in place, enforcement action by all creditors, including landlords and secured creditors, is extremely limited and backed by a provision compelling continued supply of goods. 

Funding redundancies

If an employer cannot afford to pay their employees’ redundancy pay, they can apply to the Redundancy Payments Service (RPS) (part of the government’s Insolvency Service) for financial assistance. If approved, the RPS will make statutory redundancy payments directly to the redundant employees on the employer’s behalf.

The payments take the form of a loan to the employer and repayment of that loan will form part of the plan submitted in application for the funding. 

The next steps

If you cannot currently pay your debts, it is important that you make an honest assessment of your situation. 

Take into account that these protections are only temporary, and while they keep your legacy liabilities on hold, you will also be accruing further liabilities through the day-to-day running of your business.

When these measures end, your creditors will be able to pursue the full amount owed to them and you should plan now for that situation.

The insolvency legislation empowers Insolvency Practitioners acting as Administrators or Liquidators of a company to take action to recover funds from directors where they can determine that they continued in business with no prospect of avoiding a company failure. 

In those circumstances, the claim against the director personally is the value of the harm done to creditors by continuing to trade.

The CIGA temporary suspension of Wrongful Trading provisions has now ended with the implication that, by now, if directors continue to trade, they should have a clear plan, be confident that the business can survive, and that trade is not at the expense of creditors.

If you cannot pay

In the event that you will not be able to pay your debts, it is best to act soon while protections are still in place and while your business may still have some chance of recovery. Speaking to a restructuring and recovery expert early will give you the best opportunity to assess your options and put together a realistic and deliverable plan.

  • To read this feature in full and access further Lancashire business news, advice and analysis subscribe to Lancashire Business View magazine or join the LBV Hub from just £2.50 per month. Click here to subscribe now.

Enjoyed this? Read more from Nicola Clark, Azets

Latest news

1

EG On The Move completes Applegreen UK acquisition Zuber Issa

EG On The Move completes Applegreen UK acquisition

03 Feb 2025

2

CoolKit designated as Preferred Partner for MAN TGE Rupert Gatty, Andy Parker, Bodybuilder Manager, MAN Truck & Bus SE / Cameron Javed, Head of Fleet Sales, CoolKit

CoolKit designated as Preferred Partner for MAN TGE

03 Feb 2025

3

Multiversity compulsory purchase order confirmed in Blackpool Aerial photo of Multiversity in Blackpool

Multiversity compulsory purchase order confirmed in Blackpool

03 Feb 2025

4

JM Glendinning Lancashire boosts growth with two appointments Chris Newton and Rachael Hacking

JM Glendinning Lancashire boosts growth with two appointments

03 Feb 2025

5

Lancaster University green technology spin-out aims to boost biogas-bioenergy sector AdTech Optima

Lancaster University green technology spin-out aims to boost biogas-bioenergy sector

31 Jan 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

February Preston Tech Connection Meet-Up: Tech & Our Planet
PRESTON TECH CONNECTION jan.ai.png.png
LBV Hub Networking
12 Feb 2025 - 12 Feb 2025

February Preston Tech Connection Meet-Up: Tech & Our Planet

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Police Apprenticeship event
Student Centre Autumn 2022.jpg.jpg
LBV Hub Social
12 Feb 2025 - 12 Jan 2025

Police Apprenticeship event

University of Central Lancashire, Foster Social Space , Preston , PR1 2HE

16:00 - 19:00

Amber River True Bearing Quarterly Investment Seminar
LBV Hub Seminars
13 Feb 2025

Amber River True Bearing Quarterly Investment Seminar

Mercure Blackburn Dunkenhalgh Hotel & Spa, Blackburn Rd, Clayton-le-Moors, Blackburn, Lancashire, BB5 5JP

16:00 - 18:00

The Business Network Central & East Lancashire
LBV Hub Networking
13 Feb 2025 - 13 Feb 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Sub36 Networking - Behind the beans
Sub36 Social1200Atkinsons New
Networking
14 Feb 2025

Sub36 Networking - Behind the beans

Atkinsons Speciality Coffee, Lancaster, LA1 1 EX

09:00 - 11:30

National Apprenticeship Week 2025 Celebration - Business Breakfast Showcase
Student Centre Autumn 2022.jpg.jpg
LBV Hub Networking
14 Feb 2025 - 14 Jan 2025

National Apprenticeship Week 2025 Celebration - Business Breakfast Showcase

Media Factory , Preston, PR1 2HE

08:00 - 10:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Employment Law, Tax and Payroll Update - East Lancashire
Employment updates - LinkedIn East Lancs-01.png.png
LBV Hub Seminars
26 Feb 2025 - 26 Feb 2025

Employment Law, Tax and Payroll Update - East Lancashire

Accrington Stanley Football Club, Accrington, BB5 5BX

08:00 - 10:00

Level 3 Emergency First Aid at Work Course - In Person
RKMS ACADEMY LOGO - BLACK AND ORANGE.png.png
LBV Hub Webinar
26 Feb 2025 - 26 Feb 2025

Level 3 Emergency First Aid at Work Course - In Person

RKMS Group , Blackpool, FY42DP

09:30 - 17:00

Preston Freelancer Meet-Up: February
Freelancer Meet-Up Feb.png.png
LBV Hub Networking
26 Feb 2025 - 26 Feb 2025

Preston Freelancer Meet-Up: February

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV120 Online Graphic 1
Subscribe now

Weekly news bulletin