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sball

A Licensed Insolvency Practitioner handling a formal insolvency procedure

Overdrawn director’s loan account and the insolvency process

By Tips & Advice No Comments
It is very often the case that when directors of an insolvent company come to us for initial advice on the options available, the fact that there is an overdrawn director loan account is disclosed. Loans v Remuneration When businesses are in distress, directors frequently take loans from the company rather than salary or bonuses because of the need to pay tax and national insurance to HM Revenue & Customs on such remuneration. Given the financial and cash-flow pressures most companies experience in the run-up to a formal insolvency procedure, such a course of action is understandable, but does lead to uncomfortable conversations with directors. The overdraw DLA represents an asset of the company, a debtor which a liquidator, administrator, supervisor of a Company Voluntary Arrangement , will seek to recover. The problems faced by a director with an overdrawn DLA of over £10,000 are further compounded by the fact…
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Emergency exit sign

Can I close down/dissolve/strike off a company which still has debts?

By Tips & Advice No Comments
The simple answer is YES, subject to a number of rules and qualifications. In order to bring about a cessation of the company’s legal identity, the protocol as clearly set out on the Companies House website needs to followed. Any director who does do not follow the rules regarding who must be informed of the intention to have the company struck off the Register can face a fine and possible prosecution and imprisonment. Directors can only strike off the company if it: has not traded or sold off any stock in the last 3 months has not changed names in the last 3 months is not threatened with liquidation has no agreements with creditors, for example a Company Voluntary Arrangement (CVA) If the company does not meet these conditions, the Directors will have to voluntarily liquidate the company instead. So, before applying to Companies House to strike off the company,…
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