Guides to dealing with a distressed business

In a recession, how a company manages its debtors can be the difference between whether a business survives or fails. Many businesses, particularly those who rely on a few large customers/suppliers, can topple very quickly if one of their customers/suppliers goes under themselves, or gets into such difficulties that they are unable to pay their ongoing debts on time. A build up of smaller debts can have the same effect, so how a business manages its debtors both before and during the insolvency of a customer/supplier is vital.

Once a company has entered a formal insolvency process, the creditor's influence on whether they get paid or not reduces dramatically. It is much harder to recover money owed at that point, due to the order of priority of payment to creditors that operates under the Insolvency Act 1986. See Order of payment—overview. Unsecured creditors tend to fare worse in a formal insolvency situation, and can often expect little or no return. This may increase if there is some sort of rescue process under way, but by far the best way of protecting money

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Latest Restructuring & Insolvency News

High Court clarifies position of sole directors under Model Articles and the interaction between UK sanctions regulations and in-court appointment of administrators (Re KRF Services (UK) Ltd and others)

Restructuring & Insolvency analysis: This High Court case (which addresses two important issues in UK company law and sanctions regulations) will be of interest to insolvency practitioners, corporate and restructuring lawyers, sanctions lawyers, and businesses and individuals which are affected by sanctions. Firstly, it clarifies the position of sole directors under the Model Articles for private limited companies. The court ruled that a sole director can validly pass board resolutions and bind the company, regardless of whether they have always been the sole director or were previously part of a multi-member board. This interpretation resolves conflicts between Article 7(2) and Article 11(2) of the Model Articles, with the court favouring Article 7(2)'s provisions. Secondly, the case examines the interaction between UK sanctions regulations and the in-court appointment of administrators. The court determined that making an administration application and order does not breach asset-freezing sanctions, even when the company is designated or controlled by a sanctioned person. While an Office of Financial Sanctions Implementation (OFSI) license is typically required for administrators to act, the court retains discretion to make immediate appointments in urgent situations. Written by Joshua Ray and Duncan Henderson, partners at CANDEY, which acted for the First and Second Applicants on this matter.

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