Frequently Asked Questions
Company directors have a very wide range of concerns. Some of the questions frequently asked of us are:
- Difficult business conditions may push us into insolvency and we need to consider the implications. Would you help us devise a plan to ensure survival?
- (Some or all of:) The Bank is pressurising us. The factoring company is wreaking havoc on our cash flow. We are unable to pay all debts as they become due. We are paying suppliers but do not have the resources to keep up to date with PAYE/NI, VAT and corporation tax. We are under pressure from creditors. How do we handle the situation and resolve the root causes?
- We need working capital but cannot borrow more. Can you help?
- How do we deal with a County Court Judgement, a Statutory Demand or a Winding Up petition?
- We have problems with the Company Voluntary Arrangement/Company Administration. What action should I be taking to protect my interests?
- I am alarmed by what the Receiver is doing to the business. How can I minimise the damage?
- I am surprised by the changed attitude of the 'friendly' insolvency practitioner we appointed liquidator of the company. Where does that leave me?
- Am I personally liable for debts of the company? What about the personal guarantees I have given?
- Some of the company's debts are secured on my family home! How can I save it?
- I am/may become personally insolvent. What are the consequences for my family and me if I am made bankrupt?
- I am likely to undergo divorce proceedings and need to consider the implications. Where do I get advice and assistance with planning to meet the consequences?
- I think my co-directors are cheating me. Where can I get help? How do I handle the situation?
- I do not agree with the actions of my co-directors/decisions of the Board. What should I do?
- I have fallen out with my business partners and we cannot continue working together. Where can I get help to deal with this problem?
- I am not involved in decision-making and take no part in running the company. Does that mean I am safe?
- I need to re-examine my reasons for being a company director. Can you help me carry out a review?
- Where do we go for advice on our legal problem?
- How can we afford the cost of legal advice and representation? How do we manage and resolve our legal problem?
- Where do we get advice and representation for a business/contractual dispute?
- The accountant surprises me/us with tax etc. liabilities we have not budgeted for. How do I overcome the problem?
- Are we complying with the Companies Acts in relation to accounting records, keeping of statutory registers, minute books and filing of accounts and returns?
- We do not have enough financial information, management accounts or professional advice to make effective policy decisions. How can we meet this need?
- Am I personally exposed for any failure to fulfil company law duties and responsibilities?
- The company's affairs are being investigated by the DTI/other government department. How do we deal with this?
- The DTI have served notice of intention to commence/ have commenced director disqualification proceedings. Can I quash it? What are the implications? How will I do business in future?
- What action should I be taking to protect my personal assets?
- What should I be doing to maximise the value of my business for eventual disposal?
- How do I maintain confidentiality and safeguard trade secrets whilst progressing sale of my business?
- Can you help me negotiate a settlement?
- Should I take money out of the company and if so how much and how?
- How do we reward key executives?
- How do I arrange for business succession?
- Where do I invest my wealth?
- How do I protect personal assets?
- Where do I get tax and inheritance planning advice?
DO ANY OF THESE APPLY TO YOU?
- You feel your business is a noose
- A problem arises that you have not seen before
- You are too busy running your business to deal with extra-ordinary issues
- You are struggling to develop the potential of your business
- You need help to exploit an opportunity
- You need to structure your operations for financial efficiency
- You need to take action to protect your assets
- You need to devise a financially efficient structure for offshore trading
- Your offshore costs are mounting and you do not know who to trust
- You need to make arrangements for business continuity/succession
- You cannot pursue a claim for lack of money and/or expertise
- You would like to retire but do not know how to get out
- H M Revenue & Customs are investigating your business
- You have a dispute and do not know which way to turn
- The DTI are investigating your business activities
- You feel you must liquidate or do an arrangement with creditors
- The arrangement with creditors is not working
- You have received notice of disqualification proceedings
- You fear business and professional failure
- You are called upon to settle a personal guarantee
- You fear personal bankruptcy and need to consider the implications
- You fear losing your home
- Or ……… you simply cannot see the way forward
If any of these apply, you need enlightened and impartial advice. Talk to John Ram.