Email David Kirk direct by clicking on his name.

Search
Close this search box.

Can Administration Stop My Business From Entering Liquidation?

Last updated: January 16, 2023

The quick answer

Yes it can. Often administration (which is a Court order) is used to stop a liquidation process to give more time for a business to be saved or restructured. It can be used by limited companies and partnerships, but not sole traders.

In more detail

Administration is a very powerful tool and can be used when a company is in debt and cannot see a way out. It is also a very fast process and a company can be put into administration within 24 hours.

It is often used by banks when they call in a loan if they have a debenture on the business. In this case they will quickly appoint an administrator to try and preserve the assets so that the bank can be repaid.

Administration does not suit every situation, but it is a very effective process where there are substantial assets that need to be protected and secured, or if there is value and jobs to be rescued from trying to sell the business.

This may even mean that the business is sold back to the existing management/directors or a third party who has been in the wings before administration. Sometimes a pre-pack administration is used in this process, and this is a name given if the buyer was lined up beforehand.

Even after administration, a business can still go into liquidation at a later date. This usually happens within 12 months and occurs as unsecured creditors’ claims can only be agreed and paid out by a liquidator.

A Word of Advice

If the bank hold a debenture and you want to put the company into administration you will need to give the bank five clear working days’ notice before you do so. They may decide to appoint their own administrator. You can check to see if the bank or any lender has a debenture by looking at Companies House under “charges” for your company.

tip

If you need insolvency advice the earlier you talk to someone like us the better as you will have more options. We can help, contact us today.

More questions in this section

Author: David Kirk - ACA FABRP
Everything you need can be done online.
No need to meet anyone in person.
We cover all of England and Wales.
Just a quick email to say a heartfelt thank you for your very calm, considered, expert advice regarding my circumstances on Tuesday. Things looked bleak before you explained my options much more clearly, in simple layman’s terms.
Rob Elliott (14th December 2021)

Menu

Newsletter

Sign up to our newsletter

Request a callback

Simply fill out the short form below and I will get back to you.

David Kirk Portrait

David Kirk

Licensed Insolvency Practitioner

https://wpmudev.com/project/wp-defender/