Anyone who is experiencing financial difficulties in their business is likely aware of the crucial role an insolvency practitioner plays. Not only are they a legal requirement in many cases, but they also provide invaluable advice and insight. Knowing the powers they possess before engaging their services is essential. In this article, we will dive into their powers, from investigations to creditor liaisons.
The Powers of Investigation
Insolvency practitioners (IPs) fulfill a dual role – helping your business and investigating potential regulatory breaches. They possess the authority to thoroughly investigate various aspects of your business, including financial records and potential fraudulent activities. If something significant arises during the investigation, they may notify relevant investigatory authorities.
Reputable IPs, such as Chamberlain & Co, possess decision-making powers concerning the assets and operations of insolvent entities. They determine whether to continue trading, negotiate with creditors, sell assets, or restructure the business. These decisions align with insolvency laws and regulations and aim to maximize creditors’ recovery.
Liquidation and Distribution
In cases of extreme financial distress, IPs can decide whether liquidating your assets is necessary. If liquidation is deemed necessary, IPs ensure responsible asset disposal and allocate the proceeds to creditors and shareholders based on legal priority.
Liaising with Creditors
During insolvency, strained relationships with certain creditors may occur. IPs have the power to communicate with creditors, negotiating payment terms on your behalf. They are ethically bound to work towards fair arrangements that adhere to contracts and applicable legal principles.
Limitations to Powers
It is worth noting that certain scenarios restrict the aforementioned powers. In both Company Voluntary Arrangements (CVL) and Individual Voluntary Arrangements (IVA), the involved company or individual retains control over most day-to-day responsibilities. IPs act as supervisors rather than seizing control and managing the situation directly.
Understanding the available solutions for your business’s situation is crucial as retaining a certain level of control may prove beneficial. By engaging a qualified and experienced insolvency practitioner, you can trust that your responsibilities will be handled effectively. Remember, once the IP takes over, the outcome is predominantly determined by their expertise.