Business Recovery & Insolvency

At Moore Kingston Smith Licensed Insolvency Practitioners, we support our clients through the tough times as well as the good times. So if you are facing challenges – such as performance dips, mounting debt or reduced cash flow – we can help.

Our expert restructuring team has decades of experience in creating positive outcomes from difficult situations. And the sooner you call us, the greater our chances of guiding you towards a successful recovery.

As Licensed Insolvency Practitioners, we have long-standing relationships with banks, alternative funders, key suppliers, landlords and HMRC and can handle negotiations on your behalf. You can trust us to secure the optimal commercial solution for you or your business whether via a solvent or insolvent route. And at every stage, you’ll find us straight-talking, empathic and flexible.

Our restructuring and recovery services include:

The business recovery and insolvency team works closely with the corporate finance team, who assists with restructuring advisory and mergers & acquisitions.  Moore Kingston Smith is a member of Moore Global Network Limited, one of the world’s leading global accounting and advisory networks.

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Corporate Insolvency

Moore Kingston Smith Licensed Insolvency Practitioners will always try to avoid formal insolvency procedures but, on some occasions, a business cannot be turned around or rescued.  As such, a formal insolvency procedure may be the best route to rescue the viable part of a business or realise assets to maximise recoveries for creditors.

Our business recovery and insolvency team acts quickly and flexibly to provide the right advice to achieve a positive outcome from a formal insolvency procedure.  Our services include, but are not limited to:

  • Administration
  • Pre-pack administration
  • Company voluntary arrangements (CVA)
  • Moratorium
  • Restructuring plan
  • Creditors’ voluntary liquidations (CVL)
  • Compulsory liquidations (CWU)
  • Members’ voluntary liquidations (MVL)
  • Fixed charge receiverships
  • Law of property act receiverships (LPA)
  • Advising on directors’ duties

We regularly work with directors, lenders and creditors to maximise value for all stakeholders.

Pre-pack administration

Liquidation – what you need to know and how we can help

Directors’ duties

Contentious Insolvency

Forensic insolvency recovery service (FIRS)

Our business recovery and insolvency team has a dedicated team of insolvency and forensic specialists with considerable experience of contentious cases.

FIRS brings together a specialist team comprising insolvency practitioners, solicitors, enquiry agents and counsel, to assess, investigate and pursue insolvency related claims (particularly corporate insolvency) in an effective and cost efficient manner. With the use of a special cost structure and conditional fee agreements the FIRS team ensures that the funding requirement for investigational cases is kept to a minimum.

FIRS – why is it needed?

Forensic investigation is needed in the following instances:

  • Where companies have failed directors and other parties may have contributed to the collapse by their negligence, misconduct or misappropriation of company assets, to the detriment of creditors. All too often, their wrongful trading actions are not effectively pursued by a liquidator appointed to the company due to lack of funding.
  • Where some rogue directors routinely put companies into liquidation ensuring that there remain barely sufficient assets to pay the costs of the liquidation and thus frustrate recovery action.
  • Where although adequate powers and remedies are available to liquidators to pursue claims, the associated costs of investigation and litigation have created a climate where the powers are seldom used effectively.
  • Where some claims are not pursued because not all liquidators have the inclination, resources or experience to investigate and pursue claims.

FIRS have brought together a multi-disciplinary professional team geared to pursuing these types of claims. This will normally be achieved by appointing a FIRS liquidator and using the FIRS team to prosecute actions.

Restructuring Advisory

Our business recovery and insolvency team assists with stabilising companies that are experiencing financial difficulties. Our goal, whenever possible, is to avoid formal insolvency procedures.

The team works with stakeholders such as lenders, key creditors, landlords, shareholders and directors to establish a company’s financial position, along with projecting the short and long-term requirements.

The team can assist stakeholders in assessing their options and delivering contingency plans. Working with our Corporate Finance team we can help deliver improvements to a company’s liquidity, cash flow, debt structuring, cost controls and turnaround strategies.

Our services include, but are not limited to:

Corporate Streamlining

Our team can help groups streamline their structure, whether that’s to reduce ongoing administrative costs in dealing with obsolete subsidiaries or to assist with general tax planning.

With our corporate & business tax team, we can work with you to:

  • Review your existing corporate structure
  • Review each entity and understand its purpose, including its tax consequences
  • Consider whether a dissolution or members’ voluntary liquidation (MVL) is appropriate
  • Assist you in implementing the desired strategy using economies of scale to greatly reduce unit cost of each liquidation.

MVL

Sometimes a solvent company is no longer needed or the directors or shareholders may wish to retire.  As such, a MVL may be required. This can be a tax-efficient way of distributing the assets of a company to its shareholders, enabling qualifying shareholders to benefit from business asset disposal relief (previously entrepreneurs’ relief) which also brings the life of the company to an end.

Mergers & Acquisitions

With our corporate finance team, we can assist you with buying or selling a distressed business. These processes are often complex and require a great deal of attention, in particular with financial, legal and operational challenges.

Our multidisciplinary team has the expertise to assist you with your requirements and can act quickly, which is often the case in distressed, accelerated mergers & acquisitions.

We can assist you with:

  • Corporate finance
  • Due diligence
  • Valuations
  • Financial modelling
  • Raising finance & growth capital
  • Management buy-outs and buy-ins

Personal Insolvency

Our team prides itself on giving realistic personal insolvency advice, as well as having the ability to recognise and deal with the sensitivities of any particular situation.

We work with individuals and their creditors in a practical and sympathetic way to find a suitable outcome for all stakeholders.

Our dedicated client services team provides advice and support to creditors in the recovery of their debts, both before and after formal insolvency proceedings.

Our personal insolvency services include:

Client Services

Our client services team provides a free service to our clients which removes the administrative burden by outsourcing the management of bad debts and improving recovery rates without any extra cost.

The continuing rise of insolvency procedures has seen the volume of insolvency notices sent to creditors increase. But these are often disregarded as recovery rates continue to remain low, which has resulted in millions of pounds remaining unclaimed.

If you need assistance in this area, our team can:

  • Identify the status of the individual or corporate debtor
  • Identify whether an insolvency practitioner has been appointed
  • Review voluntary arrangement proposals to improve your dividend prospects
  • Challenge the appointment of a director’s choice of liquidator or administrator
  • File proxies and proofs of debt on your behalf
  • Notify you of any potential dividends
  • Collect any dividends on your behalf.

The sooner you inform us about the pending insolvency, the more options we have to maximise the return for you.

As so often in business, negotiation is often a better course than legal action. With this in mind, before any formal insolvency takes place, we can approach the debtor, establish their financial position and propose a course of action that will ensure the best result for you. These options could include:

  • Individual voluntary arrangement
  • Bankruptcy
  • Partnership liquidation
  • Partnership voluntary agreement
  • Trust deed (Scotland only)
  • Informal agreement
  • Creditors’ voluntary liquidation
  • Compulsory liquidation
  • Members’ voluntary liquidation.

Why us

  • We are a top 20 UK accountancy practice
  • We offer a personal service, tailored to your needs
  • We can provide as little or as much input as you require
  • Every client receives a dedicated point of contact who manages the relationship seamlessly
  • All the information we hold is regularly updated, giving you total transparency of your insolvent debts via KS Vision

Moore Kingston Smith is also a member of Moore Global Network Limited, one of the world’s leading global accounting and advisory networks.

No Fee Structure

We are delighted to offer this beneficial service to our clients at no charge.

To find out more about client services or request a call back, please contact us.

Creditors’ Hub

Below is a link to our Creditors’ Zone, as well as useful information guides and a glossary of insolvency terms.

Policies

Complaints procedure: Whilst we undertake to consider any complaint carefully and promptly and to do all we can to explain the position to you, if you remain unsatisfied, you have the right to refer the matter to the Insolvency Complaints Gateway which is operated by the Insolvency Service, an Executive Agency of the Department for Business, Energy and Industrial Strategy (BEIS).

Complaints can be submitted via an online complaints form at www.gov.uk/complain-about-insolvency-practitioner (Guidance for those who wish to complain can also be found on this site) or sent by post to IP Complaints, Insolvency Service, 3rd Floor, 1 City Walk, Leeds, LS11 9DA.

If you have difficulty accessing the online complaints form you can also make any complaint through the Insolvency Service Enquiry Line – email insolvency.enquiryline@insolvency.gov.uk or alternatively telephone 0300 678 0015 (Monday to Friday 9am to 5pm).

Authorisation scheme: All insolvency practitioners are licensed in the United Kingdom by the institute of Chartered Accountants in England and Wales and are bound by their code of ethics. Partners acting as administrative receivers. Administrators or supervisors of voluntary arrangements act as agents for the debtor and without personal liability.

 

Meet the Team

Our team of business recovery and insolvency experts is perfectly placed to guide you and your business through any number of scenarios, ensuring that you always have access to the help you need, when you need it. With solid backgrounds in accountancy, our team also draws on experience in HM Revenue and Customs and the Official Receivers Office. We use our collective experience and strong links to our professional community to offer innovative solutions, allowing us to secure the best commercial outcome for all stakeholders.

We take the time to listen, understand and develop a deep knowledge of the situation at hand. We pride ourselves on our down to earth approach and you will find us both understanding and pragmatic. We speak in plain English, ensuring that you are informed at every stage, encouraging open and honest communication.

Lead Contact

Ian Robert

Partner - Moore Kingston Smith Licensed Insolvency Practitioners

Email: Ian Robert

Meet our team
Contact us

When I had to put my company down, Moore Kingston Smith & Partners made the process painless, which I never thought it could be. They provided a sympathetic ear and some sound, firm advice - and it was good value for money, which I wasn't expecting!

Chris Wheelhouse
Managing Director, Hot & Cold Equipment Limited