WINDING UP PETITION Archives

Insolvency Winding Up

Insolvency Winding Up Advice

Winding up a company is a form of insolvency. If a winding up petition has been issued against your company then you need to read more about how to deal with the winding up petition by clicking on the link. If on the other hand you mean you wish to wind your company up because the business cannot continue trading any longer because it is making losses, that is known as a company liquidation which you can find out more by clicking on the link.

Lisa came to see me about 5 months back regarding her business winding up her company because she had debts that she could not pay back and she was being pressured by the bank and other creditors to take out loans against her house to pay off some of her creditors so they will not wind her company up.


First of all I had to explain and convince Lisa that the limited company is a separate entity to herself. Unless she had given personal guarantees to the bank or any of her creditors she was not liable to pay anything to anyone inc VAT or PAYE the tax man. Lisa kept on telling me that the creditors had threatened her with insolvency and winding the company and that they would go after her if they did not get the money from the company.


Trust me it took some convincing to explain to Lisa that she was not liable for any of the company’s debts, the company was a limited company and if any of the creditors were to wind up the company for insolvency reasons, that she would not have any calls on her for liabilities unless she as a director of the company had acted negligently in any way or manner, which she assured me she did not.


All that Lisa wanted was to wind up the company and get a move on with her life. We assisted in arranging a company voluntary liquidation of the company and getting rid of all her creditors with no further come backs on Lisa.  


So if you have creditors who are chasing you and threatening you also about insolvency or winding up your company. Then we can help to put a stop to this with a simple telephone call, why and how? You might be asking yourself? Well I have been doing this since 1989 and the best part is you can Google me Moe Nawaz and read the thousands of pages and what others are saying about me. Also take a look on Amazon and see what books I have written on the subject, how many other so called experts can say that, lol.


No really my job is to find out what sort of an outcome you want to see and we will take it from there. So why not give me a call and ask for Moe Nawaz and I will deal with your issues myself, is that fair or not?


Well my number is 0800 24 0800 and yes even the phone call is FREE.

Company Winding Up Petition

What is a Winding Up Petition?

Everyone who starts a business wants to ensure it is a success. But sometimes even the most successful businesses face situations which are eventually to be their undoing. This could be anything from bad management to a recession right through to competing businesses.

If a business owes money to its creditors and does not take the steps necessary to resolve this situation, it may be faced with a winding up petition. Read on to find out more about what this means.


What should your first move be if you are given a company winding up petition?

Your first move should always be to get fast professional advice from insolvency auditor. Do not underestimate the power of a winding up petition because it could well be the beginning of the end for your business. It is possible to stop one in its tracks, but you must seek the advice of a insolvency auditor who is experienced in these situations to discuss your options.

For example if you can immediately clear your business debt to the creditor who has initiated the winding up process you should do so as quickly as possible. On no account should you ever miss a court appearance for the petition to be heard, otherwise you can be sure the petition will be granted.

If you are able to act quickly there may be an opportunity to ward off the winding up petition and instead agree on a voluntary liquidation arrangement. Again a insolvency auditor can help to advise on this possibility.


What about an HMRC winding up petition?

This is basically much the same thing, but in this case the winding up petition is issued by HM Revenue and Customs. If your company has been unable to pay its taxes on time (this could include VAT if it applies to the turnover reached by your business) it may eventually issue a winding up petition.

The HMRC does not issue these until it has tried to attain payment in other ways. But it has been stated that they are doing so more quickly now than they have in the past. This is possibly to recoup any cash that is owed to them more quickly than it would be otherwise.

So you can see that the winding up petition procedure is a serious one – and one that you should seek help and advice for as quickly as possible.

 

For Winding Up Petition Advice Call on 0800 24 0800 alternatively you can download the quick Insolvency Survival Guide For Businesses written by the author and mastermind coach Moe Nawaz from his experience as an Insolvency Auditor during 20 years of helping people just like you to map out a better future.

By Moe Nawaz - UK's Most Trusted Insolvency Auditor & Mastermind Coach for Business Growth.

VAT or TAX Winding Up Petition

INLAND REVENUE WINDING UP PETITIONS PROCESS

Protection Against Winding Up Petition For Company Directors  Tel: 0800 24 0800

“Winding up” in this case refers to the closure of a business, and the processes involved in bringing the company to an end through court proceedings and then sale of company assets. If a creditor wishes to liquidate a particular company because debts are not being paid, they can submit a winding up petition. It is important to realise that companies can in fact submit a winding up petition for themselves, but it is commonly submitted by creditors who have grown impatient with false promises that the company has made regarding payments. Winding up is a very serious matter and can prove detrimental to both creditors and businesses. 

The Inland Revenue may be one of the creditors you owe money to, and they are very effective at recovering their debts. They will usually have tried several methods to get their money back, and but if you have not paid or you can’t agree on Payment Terms, your company receive a Winding Up Petition.

Prevent Further Action

You can cease proceedings by paying the Inland Revenue all of the money you owe to them, or by implementing a payment plan that both parties can agree to and your company can stick to. It is always advisable to keep in contact with the Inland Revenue all the way through the proceedings. This is a very compromising position for a business to be in, it is hence of paramount importance that you face the problem head-on and try to deal with it in the most effective manner.

A date and time for a court case will have already been arranged and will be stated on the petition. It is important to realise that there can be a considerable amount of time between your company receiving the petition and the specified court date. You will normally be allowed to continue trading before the court date, providing you are not breaking any other laws such as continuing to trade whilst insolvent. However, it is vital that your trading is nothing less than exemplary in this time period, as any trading undertook by your business between receiving the petition and the pre-arranged court date will be heavily scrutinised.

A legal representative will usually represent the company at court, although in certain circumstances, a company representative may be allowed to represent the company, if this has been approved by the courts. If your company loses the case, the Winding Up Petition will become effective immediately, and a liquidator will be appointed to sell company assets.

Pressure For Directors

Throughout this entire period, the company directors will be under pressure and thorough scrutiny. They will have to submit accounts and a list of assets to the Official Receiver or the Liquidator’s office, as well as a list of creditors that the company owes money to. 

If your business has a Winding Up Petition submitted against it, you need to act swiftly and effectively. You can seek independent and professional advice from an Insolvency Auditor who will help you make the decisions that will be most favourable to your company, and ultimately help to determine your company’s outcome. 

To avoid all the problems relating to Winding Up Petition why not call our Directors Helpline on 0800 24 0800 for FREE and Confidential Advice Now?

Business Being Threatened With Winding Up Petition

Is Your Business Being Threatened With Winding Up Petition?

Do you owe money to the VAT man, Tax man or other creditors & Being Threatened With A Winding Up Petition

 This article is been written by Moe Nawaz: The UK’s leading Insolvency Auditor.

What is a Winding up Petition? To find out watch the video below or scroll to read…


By the end of this short video you will understand:

  • What is a Winding Up Petition?
  • Winding Up Consequences
  • Case Study
  • Protection of Assets
  • Invalidation of Disposal of Assets
  • What Next?

A winding up petition is a very serious court lead legal procedure to close your company down, yes close it down or the phrase winding up states it will wind the company’s affairs up and close the business and sell off all the assets owned by the company in order to pay off the creditor petitioning.

Once the winding up petition has been issued against your company you are left with minimal choices compared to when you were being threatened by a petition. When seeking advice make sure you find a good Insolvency Auditor to help you through the legal maze of insolvency process. You see when you have a threat hanging over your company and no action has been taken apart from the threatening letter or a statutory demand you can do a number of things:

  • Pay the debts off in full
  • Ask for a payment plan
  • Arrange for a CVA which is a Company Voluntary Arrangement to repay the total debts of the company over a number of years subject to 75% of your creditors agreeing to it
  • Depending on the size of the company and the viability of the business you can arrange a Pre-Pack Administration which involved setting up a new company to buy the assets of the old company and continuing in business without any of the debts of the old company.
  • Liquidate your company by means of a voluntary liquidation and buy any assets back from the liquidator and set up a new company and carry on business without the worry of the creditors from your old company.
  •  A straight forward Voluntary Company liquidation, this happens when the company is dead in the water and has no future and the directors just want to minimize their personal liabilities and that of the company’s liabilities and just walk away after the liquidation.
  • Last of all is to do nothing and wait for the Winding Up Petition to arrive which then turns into a Winding Up Order to close the company down and hand the rains over to the court appointed liquidator or even the Official Receivers Office

The above is just an outline of the courses option to you as a company director subject to the status of your company.  A good Insolvency Auditor would ask you first of all where would you like to be in 6-12 months time if you had the choice and then plan around that what your options are to survive the insolvency and to save your business be it in its current form or in the form of a Phoenix rising from the asses of the old company. You must not ignore any threats made against your company regarding a Winding Up Petition, speak with an Insolvency Auditor before it is too late.

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When You Need Someone On Your Side

  Moe Nawaz (as seen on TV) UK's Leading Insolvency Auditor and  (author of "Insolvency Survival Guide For Businesses" and "Bankruptcy Guide" books) with over 20 years hands on experience. Most Solvency Practitioners will tell you what you want to hear in order to get you to sign on the dotted line. The game changes once you have committed yourself. Moe will tell it as it is whether you like the sound of it or get offended by it, if you want to seek professional advice from the UK's leading insolvency auditors and you are not afraid of straight talk, then call Moe's office for an appointment. Or just wait till it's too late and your business liabilities become your personal liabilities.

Winding Up Petition Helpline 0800 24 0800

Corporation Tax On Winding up your company

Corporation Tax A Company Winding Up

You need to know when the winding-up process for your company has started – this can affect your Corporation Tax payment and Company Tax Return filing deadlines and requirements.

The winding up of your company for Corporation Tax purposes normally starts on the earliest of when:

  • your company goes into administration
  • your company's shareholders pass a winding-up resolution to shut it down
  • a winding-up order is imposed on your company by the court; for example, following an application by an unpaid creditor such as HMRC, if you don't pay your company's Corporation Tax (see separate section below)
  • a liquidator is appointed

Winding up and Corporation Tax accounting periods

At the start of your company being wound up, your current Corporation Tax accounting period comes to an end and a new accounting period begins. From that point on, your company's accounting periods run for periods of 12 months until the winding up is complete.

If your company is in the process of being wound up, it's still subject to Corporation Tax paying and filing requirements. For example, your company must continue to file a Company Tax Return and pay Corporation Tax on taxable profits arising from:

  • trading income and other income such as investment income
  • the sale of other goods or assets (chargeable gains) for example to pay off creditors

Your company will pay any Corporation Tax due during the winding-up period at the same rates as before the winding-up period started.

Winding up and control of the company

In certain winding-up situations a liquidator, or the Official Receiver, becomes the beneficial owner of your company. From this point on, company shareholders or directors have no further say in the running of the company including filing Company Tax Returns and paying Corporation Tax.

When this happens, your company's Corporation Tax Office communicates with the Official Receiver or liquidator and can disclose information that would have been known by your company. For example, correspondence, Corporation Tax payment history, notes of interviews with company directors or other company officers.

In other winding-up situations such as administrative receivership or creditors' voluntary arrangement, the company officers retain responsibility for filing Company Tax Returns and paying Corporation Tax.

Tax Debts & how best to deal with them in a business.

Free Insolvency Helpline For Business Owners 0800 24 0800

Winding Up Orders In Scotland by Taxman

By David Leask

HM Revenue and Customs (HMRC) officials have successfully won court orders to shut down 466 companies north of the Border in 2008 and 2009 after they failed to pay their tax bills on time.

The figures, published for the first time today, were described as "astounding" by politicians who believe the tax authorities, desperate to plug the UK Government's historically wide budget deficit, are now hounding some solvent firms out of business.

The numbers have emerged just 10 days after the Chancellor's Budget statement in which he insisted that his "time to pay" scheme, announced last year, had helped businesses spread billions of pounds' worth of tax payments over a timetable they can afford. 

Opposition politicians said they were finding Alistair Darling's much-vaunted leniency to tax debtors hard to reconcile with what they saw as an aggressive pursuit of companies that was damaging to the Scottish economy.

HMRC revealed that it had secured 254 winding-up orders in 2008, resulting in nearly a quarter of all corporate insolvencies in Scotland that year, and another 212 in 2009. 

The impact of tax enforcement activity on Scottish business life during the recession may also be greater. As well as targeting companies, HMRC also secured orders for the sequestration – the Scottish term for bankruptcy – of 1,917 individuals, some of them sole traders, in the same two-year period. 

Insolvency specialists said they had detected a hardening of attitudes among HMRC debt collectors in recent months, despite much welcomed and still extremely popular pledges by Darling to give cash-strapped firms more "time to pay". 

High-profile casualties include Highland Airways, which went into administration last month owing £500,000 in tax, and the rail engineering firm Jarvis, which had more than 1,000 workers. 

The toll also includes smaller firms, such as Skye-based technology company Gaeltec, which went into administration last week owing £24,000 in national insurance contributions. Its 12 employees are now out of work.

MPs yesterday said the current crop of administrations might be just the "tip of the iceberg" as there was usually a time lag before the full effects of a recession kicked in. They called on HMRC to ease up on firms that were temporarily struggling to pay their tax bills during the current economic climate.

Danny Alexander, the MP for Inverness, Nairn, Badenoch and Strathspey and chief of staff to Liberal Democrat leader Nick Clegg, said there was a serious question mark over a policy of HMRC closing down businesses that had a chance of surviving, when it resulted in the state paying out even more in unemployment benefits and other costs than it received in tax. "There must be thousands of people in Scotland who are out of work right now because of HMRC policies," Alexander said.

He said the get-tough attitude had been demonstrated in the case of Highland Airways, which employed 100 staff. 

The airline, which mostly provided subsidised lifeline services for the Hebrides, went into administration owing around £3m, including more than £500,000 in tax. HMRC had turned down a repayment plan offered by the airline, which is understood to have been in talks with a rescuer. 

Alexander said: "I was astounded by what happened to Highland Airways. They had a prospective partner who would have rescued the business. The main issue they had was their tax debt, which HMRC said had to be paid back within a year. All the other public sector bodies (that were owed money] were playing ball. There was good will on all sides except HMRC."

Mike Weir, the Nationalist spokesman on the economy in Westminster and a former solicitor, said businesses in Scotland were facing a "mixed picture" from HMRC, with some enjoying support and others facing tough measures.

He said: "It doesn't make sense to put businesses into administration for small debts. The Revenue may get some of its money back, but other creditors, suppliers and so on, probably won't. And the Treasury will lose revenue in tax and national insurance from the people who lose their jobs." 

Derek Brownlee, the Conservative spokesman on the economy in the Scottish Parliament and a former tax accountant, said mass insolvencies prompted by HMRC would lag behind the recession. "I suspect what we are seeing in these figures is the thin end of the wedge and we are going to see an explosion of insolvencies in the years to come."

'HMRC just would not budge'

GAELTEC was exactly the kind of firm wanted in the Highlands. Small, clean and high-tech, the medical electronics manufacturer brought jobs and a little bit of prosperity to its corner of Skye.

The company, based near Dunvegan castle, was so important to the local economy that more than a third of its shares were held by government development quango Highlands and Islands Enterprise.

Last week the business went into administration, not because it was trading insolvently but because HM Revenue and Customs would not wait to receive an outstanding national insurance bill of £28,000.

"HMRC just would not budge," said Syd Johnson, Gaeltec's managing director. "It is now costing them a lot more because all the people we have made redundant are now getting benefits. We reckon it is going to cost more than £100,000 in redundancy alone.

"We just didn't have the cash flow to pay the debt, which stemmed from 2008. HMRC would not give us any longer to pay it."

Johnson, 65, remains stunned by the move. He had been with the firm since 1972, shortly after it was set up, with Government support, to provide an alternative to farming and tourism jobs for the fragile local economy. 

Administrator Grant Thornton is currently looking for a buyer to take Gaeltec on as a going concern. Officials are said to be hopeful as Gaeltec has only one competitor, a firm in Switzerland.

HMRC forced Gaeltec into administration – the body was pursuing a winding-up order against the company – despite demands from the former Liberal Democrat leader Charles Kennedy, whose constituency includes Skye, for a stay of execution for the firm. Kennedy raised the matter with Scottish Secretary Jim Murphy, who made inquiries but nothing was done.

Kennedy said: "The actions of HMRC are threatening to undermine the future of a strong company in a small community."

Highlands and Islands Enterprise, despite being a public body, could not intervene. "One of the problems is that HIE are a major shareholder in the company and they couldn't do anything," Johnson said. "They can't be seen to be favouring themselves. They had to take a back seat."

'Months of hell'

ANOTHER established business, a firm of joiners in Nairn called Carl Andrassy, is also facing a winding-up petition from HMRC. The threat against the firm is currently on hold after another Lib Dem MP, Danny Alexander, asked the Treasury to investigate the matter. But the company's owner, also called Carl Andrassy, said: "We have had months of hell trying to convince the HMRC that we are solvent. We have a full order book well into next year and have said we are willing to pay half of our £100,000 debt now and another half in six weeks. We had a hard time at the end of 2008 and beginning of 2009, when everybody's chequebooks seemed to shut. But we are OK now."

David Leask

Moe Nawaz – Author – Speaker – Insolvency Auditor - Business Coach 

WINDING UP PETITION

WINDING UP PETITION

winding up petition

WINDING UP PETITION AND THE CONSEQUENCES

 
If you have been issued with a winding up petition for your company because the company owes money. You can pay the money owed before the court date and get the case droped or fight it if you believe it to be worth defending. On the other hand if you do nothing and the debt is not paid following the presentation of the petition, then the court will make a winding up order (“the order”) against  your company.
 
As it’s a court led procedure, various rules come into play once the petition has been presented. 

The presentation of a petition has serious consequences for the directors and the company, but before we go any further let me give a a case study of what can be achived with professional advice.

 

In Times Of Financial Crises, Taking Early, Independent Advice Is Crucial

 
Case Study
 
Company "A" had 38 retail stores selling household furniture with sales declining daily and unable to pay its bill as they fell. The company was presented with a winding up petition due to unpaid Inland Revenue and VAT debts.
 
 The company had a combination of freehold and leasehold stores in prime retail sites across the country. The company employed a workforce of 260 people on its payroll. A final decision had been made to place the company into Administration before the petition date for this we needed permission of the courts which we obtained on the grounds that there was a better chance of greater dividends going down the administration route than the winding up and compulsory liquidation route for all the creditors and the employees of the company. The courts accepted the plan and gave us 6 weeks to come back and report further progress.
 
Within the 6 week period deep cuts were made to staffing numbers and closure of stores that were not profitable. 11 stores were kept and the rest were sold or leases terminated, the 11 stores were the ones that were making good profits and allowed the company to grow without the losses which it had been getting every trading day before the administration order
 
By the time we had restructured the company the creditors all agreed to accept £0.40p in every pound owed which allowed the company to continue trading more profitably.
 
The above case demonstrates what can be achieved if experts are brought into the picture earlier rather than later on in the winding up process.  Now back to further information about winding up petitions and some of the consequences.

 

The presentation of a petition has serious consequences for the viability of your company and these are detailed below:

Protection of assets between winding up petition and order

Once the petition has been presented, a date is set for a court hearing at which the petition will be heard and a winding up order made against your company. A considerable time may elapse between the presentation of the petition and the hearing for the making of the order.  
 
You should make use of this time to seek professional advice on the options open to you and your company, you can call the business helpline on 0800 24 0800 for free and confidential advice before it’s to late.
 
In general, your company should be allowed to continue to trade in that period but the creditors need to be protected against possible disposal of its assets. Your actions as a director are therefore under great scrutiny in this period of time and the ability to trade effectively can be impaired due to the impending hearing being at the forefront of your mind.
 
Invalidation of disposal of assets
 
Unless the court orders otherwise, any disposal of your company’s property, alteration in the status of its members or transfer of shares after the commencement of the winding up is void. The purpose of this provision is to preserve the value of the assets of a company for the benefit of persons interested in those assets.
 
Provisional liquidators
 
At any time after the presentation of the winding up petition the court may appoint the Official Receiver or an insolvency practitioner to be the provisional liquidator of the company.  The primary reason for such appointment is usually to safeguard the assets pending the winding up hearing. Since an appointment anticipates the making of a winding-up order this appointment is usually made only with the consent of the company itself or in a clear case of insolvency.
 
Compulsory liquidation takes away control from you as a director of the company and it is important for you to take control of the situation and be in control of your own destiny. 
For more information visit www.windinguppetition.com or http://www.windingup.org/insolvency/winding-up-petition.html  
 
IF YOU NEED FURTHER ADVICE YOU MAY CALL OUR OFFICE ON
0800 24 0800
 

Moe Nawaz – Author – Speaker – Insolvency Auditor - Business Coach 

WHAT IS WINDING UP?

Some companies are so far in debt that they can't continue their business operations. They are likely to "liquidate". Their assets are sold for cash by a court appointed liquidator who is an IP. Administrative and legal expenses are paid first, and the remainder goes to creditors.

 

Secured creditors will have their collateral returned to them. If the charged asset does not realise sufficient funds to repay them in full, they will be grouped with other unsecured creditors for the rest of their claim. Unsecured creditors will be notified of the liquidation and should file a claim in case there is money left for them to receive a payment. The order of priority of creditors is the same as set out above in respect of Administration Orders.

 

Shareholders generally don't receive anything in return for their investment. But, in the unlikely event that creditors are paid in full, shareholders will be notified and given an opportunity to file claims for anything left over.