Pre-pack Administrations – business news 8 October 2020.
James Salmon, Operations Director.
The Government to act on Pre-pack Administrations, local lockdown rescue measures, a fifth of SME owners working extra three hours daily,IoD survey shows UK businesses plan to cut jobs and investment, business leaders say unemployment is world’s biggest risk, OBR warns over ballooning government debt, covid-19, market and other business news.
Here are CPA we want to share the business news stories we have seen that we think will affect our members and readers. Many of us are busy fighting to protect our businesses and therefore might have missed some of the news that could impact small businesses, their owners and those that sell on credit.
Government to act on Pre-pack Administrations
Pre-pack administrations have proliferated in the retail and construction businesses as a way to circumvent liabilities such as onerous leases.
They involve the pre-agreed sale of the assets of the business into new business, before the administration leaving the creditors behind with little to cover the liabilities.
The sale is completed on or shortly after the appointment of an administrator and the speed of the transaction helps preserve the value of the business while saving jobs.
There have been complaints that directors are abusing the system with creditors too easily short-changed and assets transfered well below their value.
The Government therefore plans new laws to examine the sale of assets from companies as they fall into administration to previous directors, shareholders or associates.
With fears rising about a wave of corporate collapses because of Covid-19, a tightening of the rules is called for!
The Government hopes that new laws that make it mandatory for stricter independent scrutiny on pre-pack sales will improve confidence and transparency in pre-pack administration sales, giving the general public and creditors reassurance that their interests are being protected alongside that of the distressed business.
Minister for Corporate Responsibility Lord Callanan said: “Pre-pack sales play an important role in rescuing viable businesses, while protecting jobs and supporting our economy. As we continue to tackle Covid-19, it is more important now than ever that people have confidence in the insolvency process. This new law will ensure all sales to connected parties are properly scrutinized – protecting the interests of creditors and the general public, as well as the distressed company.”
Trade creditors have raised concerns that arrangements may not always be in the best interests of creditors, particularly where the sale is made to a connected party, such as the company’s directors or shareholders.
Ion Fletcher, Director of Finance Policy, British Property Federation: “We support the Insolvency Service’s proposed measures to require independent scrutiny of sales in administration to a connected person. This will provide much-needed transparency and provide reassurance that a sale has been completed in a fair manner.”
However, the future of the Pre-Pack Pool remains uncertain as it is unclear who will provide oversight.
Colin Haig, president of R3, the trade association for insolvency professionals, which has supported mandatory referrals, said: “There is a careful balance to strike between transparency, protecting creditor value and business rescue, which these proposals support.”
The Government will introduce regulations into Parliament in due course.
Local lockdown rescue measures
The U.K. government has drawn up rescue measures for companies struggling to cope in areas forced into local lockdowns, as ministers prepare to impose tighter rules within days. No specific date has been set for rolling out the package, which is dependent on changes to the restrictions as the pandemic unfolds. Measures include closing pubs and restaurants in some parts of England where the virus is most prevalent
“We will continue to provide support across the country, to put our arms around jobs and livelihoods in the country as we have done throughout this pandemic,” the prime minister said in Parliament.
With around 17 million people living in areas under local lock-down, the government is facing growing calls from businesses and opposition parties to do more to help those affected
“I wish I could pretend that everything was going to be rosy in the Midlands or, indeed, in London where, alas, we are also seeing infections rise,” Johnson said in Parliament. “That is why we need a concerted national effort, we need to follow the guidance.”
However, there are apparently divisions in the cabinet over what to do, with Chancellor of the Exchequer Rishi Sunak worrying about the wider implications for the economy of tougher lock-down rules.
With the covid caseload now rising sharply in the U.K., the calls for new measures are likely to intensify soon. More than 14,000 new daily cases were reported Wednesday, almost a fivefold increase on a month ago.
A fifth of SME owners working extra three hours daily
New research from Aldermore Bank reveals that one in five (21%) SME owners are working an additional three hours daily on average to manage the impact of the COVID-19 pandemic on their business. Many SME owners reported that longer working hours meant they had to make personal sacrifices, such as reducing time spent relaxing (37%), quality time with family (32%), and exercising (20%). 43% of SME owners described themselves as being “stressed or anxious” due to the pandemic. The main causes of the increased time SME directors spent working included: spending more time serving existing customers (27%), working to reduce anxiety about the business’s future (21%) and pursuing more new business opportunities (19%).
IoD survey shows UK businesses plan to cut jobs and investment
A survey by the Institute of Directors shows the employment expectations of firms for the year ahead fell in September while investment expectations were also down. “The overall business outlook appears to be stuck in the doldrums,” said Tej Parikh, chief economist at the IoD. “The Treasury should step in to support job creation.” The survey showed that the top concern after the pandemic and the impact on the economy is uncertainty over trade talks with the European Union. A separate survey from KPMG and recruitment group the REC showed people were losing their jobs “rapidly” in September, causing a sharp increase in workers looking for new posts. However, demand for employees in the capital continues to fall as the rest of the country recovers. Finally, the Resolution Foundation says youth unemployment will not return to its pre-pandemic level for at least another four years and could hit a high o f 17% before gradually falling back to 7% by 2024
Business leaders say unemployment is world’s biggest risk
A survey by the World Economic Forum (WEF) has found that unemployment is seen as the biggest worry over the next 10 years for business executives. “The employment disruptions caused by the pandemic, rising automation and the transition to greener economies are fundamentally changing labour markets,” said Saadia Zahidi, Managing Director at the WEF. “As we emerge from the crisis, leaders have a remarkable opportunity to create new jobs, support living wages, and reimagine social safety nets to adequately meet the challenges in the labour markets of tomorrow.” The Regional Risks for Doing Business survey saw concern over pandemics rise to second place, followed by fiscal crises, cyber-attacks and profound social instability.
OBR warns over ballooning government debt
The Office for Budget Responsibility has warned that the prevailing low interest rate environment may not last forever and the Government should not base its policies on low borrowing costs in the long term. The OBR’s new chairman, Richard Hughes, told MPs: “The level of debt is higher and the maturity of debt is getting shorter, so our debt stock is getting more sensitive to interest rate shocks, so there are reasons for us to be more concerned.” Sir Charlie Bean, a former deputy governor of the Bank of England who is now at the OBR, adds: “It is entirely appropriate, given the large and unusual shock the economy has been subject to, for the Government to run a large deficit so long as the virus emergency persists. But as one goes beyond the emergency, then it will be appropriate to stabilise the public finances and potentially start building in fiscal space to recognise that there will be future bad shocks further down the road.”
BAME business owners struggle to access state help
An inquiry by a committee of cross-party MPs and the Federation of Small Businesses has found that nearly two thirds of black, Asian and minority ethnic (BAME) business owners felt unable to access state-backed loans and grants in the early days of the pandemic due to a lack of clear guidance and the fact many do not use large mainstream banks.
House Prices
UK House Prices rose at the fastest pace in four years in September despite the raging coronavirus pandemic as people working from home sought more space, according to the Halifax house price index. Yet the lender said it is “unlikely” that the British housing market will “remain immune” to the historic economic slowdown.
Covid-19 general news
Global cases passed 36.1 million with 352k yesterday. 1.05 million deaths have been reported.
Scotland will further tighten restrictions on its hospitality sector, closing pubs and canceling events around Glasgow, to avoid a second lock-down. Nicola Sturgeon has banned the sale of alcohol indoors in Scotland’s hospitality venues for 16 days in a bid to curb a second spike in Covid. From Friday, hospitality venues will only be able to open indoors between 6am and 6pm, and will not be able to serve alcohol.
The World Bank warned on Wednesday that the pandemic could push more than 100 million people into extreme poverty this year, elevating the global poverty rate for the first time in more than two decades.
Eli Lilly & Co. asked U.S. regulators for emergency-use authorization of an antibody treatment it’s developing with Canadian biotech AbCellera Biologics. Regeneron Pharmaceuticals Inc. is seeking authorization of its antibody therapy that President Donald Trump received last week.
Regeneron Pharmaceuticals Inc. said it has asked U.S. federal regulators to authorize its antibody treatment for Covid-19 for emergency use. President Donald Trump received the antibody cocktail last Friday under a compassionate use program.
France reported a record number of new cases and Italy’s infections spiked to the highest since April, as Europe grapples with a second wave of coronavirus
Brazil reported 31,553 new confirmed cases of Covid-19 in the last 24 hours, totalling of 5,000,694 million cases since the pandemic first hit the country, according Health Ministry data.
Markets.
Despite the news that President Trump had halted stimulus talks in the US, UK indices remained reasonably resilient closing flat yesterday. In response to the halting of the stimulus talks oil prices fell and gold climbed. US stocks were strong, as the S&P 500 rose 1.74% and the NASDAQ rose 1.88% after Trump tweeted support for aid to airlines and other stimulus measures, stoking hope that a smaller aid package could be passed by lawmakers. Asian Markets were mostly higher in Thursday trade, with shares in Hong Kong lagging among the region’s major markets.
Big Tech
A congressional report on Big Tech accused Amazon, Apple, Facebook and Google of abusing their market power. It also suggested that American antitrust law needs to be reformed to change the companies’ behaviour, for example by forcing them to restructure to stop them using dominance in one area to harm rivals in another.
Over £250m grants for the self-employed fraudulent or paid in error
HMRC has said up to £258m in grants for the self-employed could have been fraudulent or paid in error, amounting to 1-2% of all Self-Employment Income Support Scheme (SEISS) payouts. A total of £12.9bn has been paid out in 4.7m grants and so HMRC is confident its system has prevented wide-scale fraud. Andrew Chamberlain from the Association of Independent Professionals and the Self-Employed, comments: “When compared to the Bounce Back Loan Scheme, where £26bn has been lost from fraud or default, or the Job Retention Scheme, which has lost £3.5bn through default or error, these numbers are comparatively low.”
FCA advises businesses to prepare for Libor end
The Financial Conduct Authority’s director of markets, Edwin Schooling Latter, has warned that financial markets must make ready for regulatory updates about the Libor benchmark interest rate ending by 2022. He stated: “Market participants need to be ready for announcements later this year setting out what will happen at the end of 2021.” This comes as NatWest writes to 3,500 firms to explain that the volatility of borrowing costs could increase as a result of delays in switching rates, as well as issuing advice on how to choose the most suitable new benchmark post-Libor.
New VAT rules for overseas visitors risks harming tourism
The boss of the owner of Bicester Village, Value Retail, has criticised a new rule which will stop overseas visitors from reclaiming VAT on luxury purchases in the UK. New laws would mean visitors from overseas would have to recoup the VAT by posting the products home directly from shops, something James Lambert says has been done by precisely zero customers visitors to Bicester Village. Mr Lambert added: “We operate 11 villages around the globe and our experience is that typically none of our guests make use of the ship-to-home option.” Separately, Alan McLintock at the Chartered Institute of Taxation said a Whitehall consultation on the tax relief was misleading. Speaking to MPs on the Treasury Select Committee, he said: “It indicated that it was minded to extend [the relief] to EU passengers [after we leave the EU]. The whole steer and flavour of the consultation was about continuing on.” The Telegraph asserts that the move is part of the Treasury’s plan to bring the tax relief in line with other systems post-Brexit.
Climate reporting requirements must be ‘flexible and evolutionary’
The Association of Consulting Actuaries has said that requirements for schemes to implement Task Force on Climate-related Financial Disclosures (TFCD) reporting requirements must be “flexible and evolutionary”. Responding to a DWP consultation on taking action against climate risk, the association called for more detailed proposals to be put forward quickly, and suggested that the costs and benefits of the implementation should be considered more fully. Aegon head of pensions, Kate Smith, said that the largest schemes had “a responsibility to lead the way in environmental, social and governance matters” and also called on the DWP to publish guidance “as soon as possible”.
Frasers denies breaking furlough rules
Frasers has insisted it did not break the rules following claims that staff were encouraged to work while on the Coronavirus Job Retention Scheme. The group’s Sports Direct unit was accused of asking some furloughed shop managers to move stock from stores to depots at the peak of the pandemic, after a surge in online orders. But finance chief Chris Wootton told investors he was very confident the company had followed the rules.
New Bill will put pension pot pinchers in prison
Therese Coffey, the Work and Pensions Secretary, told the Commons yesterday that the Government will “strengthen protections for savers” as part of the Pension Schemes Bill. Introducing the second reading of the Bill, Ms Coffey told MPs: “This Bill […] creates a new style of pension scheme that has the potential to increase future returns for millions of working people while being more sustainable for employees and employers alike. The Bill has consumer interests at its heart. It strengthens protections for savers by extending the pension regulator’s sanctions regime. Prison for pension pot pinchers will, I hope, deter reckless bosses from running schemes into the ground.”
State pension money missed out on by some divorcees
Women who divorce later in life may be unknowingly missing out on thousands in extra state pension money, according to new analysis by Lane, Clark and Peacock. Former pensions minister Sir Steve Webb, who conducted analysis of the subject, found that a number of divorcees, widows and married women were unaware they could claim a state pension based on their husband’s records. Sir Steve urged all women who could be affected to contact the DWP to see if they can raise the amount they receive under the state pension.
Solid listings help London keep float status
A revival in IPOs in the third quarter helped London maintain its status as one of the top markets for company flotations, according to a report from EY. “Despite the transaction numbers remaining low, London has maintained its position behind the US and China for funds raised both in the quarter and in the year to date, according to preliminary global data,” EY said. Scott McCubbin, EY’s leader on IPOs, said that the revival in activity “not only signals an increase in appetite for companies to list, but a successful adoption of virtual IPO marketing in place of the traditional face-to-face meetings”.
Smaller shareholders lose their say during the pandemic
A review of AGMs by the Financial Reporting Council has revealed that 163 of 202 announced by FTSE 350 firms this year were held virtually as a result of coronavirus.
Sanjeev Gupta-linked companies with just 11 staff took millions in UK loans
UK government-guaranteed loans worth tens of millions of pounds were provided by London-based lender Greensill to two firms, employing only 11 people, associated steel magnate Sanjeev Gupta.
Wilbur Ross: UK trade deal with US in no doubt if Trump wins
US commerce secretary Wilbur Ross has said that if President Trump wins re-election a UK-US trade deal could be completed in the new year. In an interview with the Telegraph, he said that trade talks are progressing well and no “unsurmountable” issues have emerged. However, if Joe Biden were to win, negotiations would be re-set and the delay to progress would be considerable, added Mr Ross.
Don’t let Covid-19 bust your business!
It will if your cash flow dries up, either sooner or later.
The Credit Protection Association (CPA) has been assisting thousands of UK businesses to get paid since 1914. We have seen many financial crises, this one will be particularly deadly for suppliers for sometime to come.
CPA eases cash from tardy debtors – Efficiently, Effectively, Economically and Ethically. Above all tactfully, because maintenance of goodwill is paramount.
To meet the needs of creditors in the current crisis, we have designed a “critical care” package especially tailored for the situation.
- The annual package costs start at very low rates
- A minimum performance warranty is provided
- Several complimentary services included
Clients instruct CPA on-line via their PC or phone, completely user-friendly. Your late paying customers are told to pay you direct (not to us).
A very recent report shows a 23% increase in the number of unpaid invoices since March 11th THIS YEAR – are you getting a build-up of late payers?
Right now, overdue accounts must be a concern and CPA has a great track record of encouraging slow-payers to pay their suppliers quickly.
It takes less than 17 minutes to see how you would benefit, do you have the time now?
No face-to-face meeting required – just call Peter Uwins, CPA’s National Sales Manager, on 020 8846 0000 (business hours) or email nsm@cpa.co.uk today.
When you see your money come in, you will be so glad you used CPA.
Do you sell on credit?
With pressures on the cash flow it is essential that you stay on top of the credit limits you grant customers and watch carefully for any late payments.
Those customers will look for the easiest option to boost their cash-flow. Don’t let it be you.
You can’t just assume your customers can and will pay you eventually, no matter how big their name is.
It is essential to have credit management systems in place to monitor and check your customers credit worthiness.
It is also best practice to use a trusted third party like CPA to make sure you are paid on time by customers, no matter how good a name they have.
About CPA
The Credit Protection Association can help!
Formed in 1914, CPA has been providing credit management services to SMEs for over 100 years.
At the Credit Protection Association, we provide first class credit information that can help you avoid being over extended to customers who are at risk. Our monitoring service can flag up warning signs long before the end, giving you the chance to adjust and reduce your exposure. We provide recommended credit limits and credit scores on a traffic light system and can help you set appropriate credit policies for your customers.
We regularly publish lists of the latest insolvencies but by then it is too late. Our credit reports however predict approximately 96% of company insolvencies long before they arrive.
Companies in trouble usually have very bad cash flow and they try to deal with it by delaying payment to their suppliers, increasing your exposure to them.
If you supply on credit, help us help you identify the risks.
Why use a third party collector?
As a third party collector, we can also get your payments prioritised over those who are not as hot on collections. When your customer receives a letter from the Credit Protection Association regarding their outstanding account, they are going to want to get that resolved as a priority. Our overdue account recovery service can get your unpaid invoices to the top of their “to do” list and get your invoice paid.
Over the years we have collected billions in overdue invoices for our customers.
Our debt recovery and credit management services give our members the financial freedom needed to grow and prosper, while our new Late Payment Compensation department could unlock hidden potential and offer the compensation needed to springboard your business to success.
You might be hesitant about contacting a debt collection agency. What are they going to be like?
Can they help your particular type of business?
There is no need for concern. CPA are courteous, helpful and very probably have had direct experience of working with your type of business.
Debt collection agencies are not all alike.
Success lies in both recovering money and keeping customers happy. The Credit Protection Association was founded in 1914 and has helped tens of thousands of UK businesses to collect outstanding payments and reduce the risk of incurring bad debt. We believe that creditors deserve to be paid for the work or goods they have supplied but we fully understand the need to maintain
the best possible relationship with customers!
At The Credit Protection Association, we provide solutions, advice and back-up in all areas relating to the supply of services or goods on account. Client-members receive everything they need from a single source to reduce debtor days and write-offs.
The Credit Protection Association has helped has assisted tens of thousands of UK businesses with their credit control requirements, since the First World War.
We are polite, firm and efficient when it comes to recovering outstanding debt.
“We have used CPA for a number of years now. The website is easy to navigate around with lots of helpful reports. The staff are always at hand and very friendly. CPA has helped us reduce our debt over the years and keep track of potential issues with our customers.”
~ CPA client in Buckinghamshire
“The service from CPA has proved to be everything that you said it would be. We have already seen a huge benefit. We have had a number of overdue accounts paid promptly and directly to us. It is also a huge weight off our mind to know that once we have passed an overdue payment over to you, you take care of everything whilst keeping us informed.
~ Credit Controller client in Warrington
The Credit Protection Association – Prompting Punctual Payments – Ethical, Effective, Efficient, Economical collections
Ready to speak to an advisor?
For help or advice on credit management, entirely without obligation.
Call us today
0330 053 9263
CPA is passionate about late payment
The Credit Protection Association has been protecting smaller firms against poor payment practices for over 100 years.
We are extremely passionate about breaking the late payment culture that holds back the UK economy and threatens many SMEs, with cash flow difficulties being the single biggest killer of Britain’s small businesses.
If you were regularly paid late we can help. Those former customers used you to boost their own cashflow, regularly paying you late.
As a result you had extra costs, you had the distraction of having to chase payment, you had opportunity costs because your capital was tied up in their late invoices.
Under little used legislation, you are entitled to compensation for those late payments.
You put up with the PAIN – now claim the GAIN!
Now you can boost your own cash-flow.
CPA can help unearth the those hidden treasures.
We have the technology to reveal the compensation you are due and we have the extensive experience and expertise to then turn those claims into cash.
Did you know that your business is entitled to a minimum of £40 for every commercial invoice paid late to you over the past 6 years?
How many of your invoices are paid late each month – 20, 50, 100 or more?
At £40 per invoice that’s claim of £57,600, £144,000, £288,000 plus interest. The more invoices the bigger the claim!
At £100 per invoice it’s £144,000, £360,000, £720,000 plus interest.
For over 20 years, CPA has calculated and recovered Late Payment Compensation on behalf of Clients!
Yes, CPA can help you boost your business cash-flow.
Don’t let your bankers control you, contact CPA today.
The Credit Protection Association – Prompting Punctual Payments – Ethical, Effective, Efficient, Economical collections.
Do you realise you could be sitting on a fortune?
Late payments often result in a cash flow crunch and leave SMEs in need of a cash injection.
If you sold B2B on credit then there may be a hidden source of capital you can call on.
If you fancy an bit of extra cash in your business, rather than jumping through hoops with your bank, you could look to uncover the resources from an unexpected source within your own business.
Not many are aware but there could be a hidden fortune within your business, sitting there, just waiting to be uncovered and released.
We can help you uncover the pile of gold, you didn’t even know you were sitting on.
If you trade with other businesses and were often paid late then you could be entitled to significant compensation.
Under little known and under-utilised legislation your business could be due huge amounts in compensation that you didn’t even know about.
Let’s be clear – this is not a way to weaken any customer relationships you value. It is one that identifies who’s been paying late and then recover the potentially significant sums in compensation using Late Payment Legislation from businesses where the relationship has already ended.
You can pick and choose who you want us to follow up – but once we’ve agreed which companies you’d like to pursue compensation from it’s a fast process and there’s no financial outlay to you whatsoever. My team at CPA put its expertise to work to recover the compensation due and fight late payment culture.
That compensation could provide the cash boost your business needed.
But don’t delay, that compensation evaporates if not claimed within six years of the late payment.
How can CPA help?
CPA has developed a unique technology to dig into your accounting records and discover the cash injection you are due by means of compensation. The software does all the hard work. Our software interacts over the cloud with over 300 different software packages, working directly with your accounts package, just so long as it’s stored on a computer.
We recognise that most companies do not have the resources to spend time on the identification and calculation of Late Payment Compensation. Our service can produce an Analyses within just a few days with (usually) less than 30 mins of co-operation from our clients. We work directly with over 300 accounting packages but can also work with bespoke accounts packages. Indeed, speed is essential as the oldest invoices may fall foul of the 6-year time limit.
Once the Sales Ledger Analyses is made available to clients, all that is required is that management decide which commercially sensitive ex-customers to remove from the list and return it to us.
CPA then uses its years of collection experience to explain and recover the Late Payment Compensation Claims. Clients do not handle any part of the recovery process as our team will take all communications from the companies against who the claims has been made. Often, it’s simply a case of explaining the legislation, sometimes we have to go all the way and enforce the legislation through the courts.
The result is that we are realising clients’ claims worth tens and sometimes hundreds of thousands of pounds which, of course, is pure net profit. You may also be among the recipients of “hundreds of thousands of pounds” should you elect to take advantage of our services.
We do the work, you receive the cash.
If you have supplied goods and services to businesses on credit and were regularly paid late then you could be due significant sums in late payment compensation.
We are talking to companies and unearthing claims in the hundreds of thousands from former business customers who paid them late. Large business customers who abused their power to inflict unfair and sometimes illegal payment practices.
We are helping business owners who are looking to boost the returns from their business before they retire. We are helping businesses who have lost major clients after years of loyal service to get properly compensated for systematic late payment. We are helping companies that were looking to close down, who looked insolvent and finding that cash injection they need to avoid insolvency.
Those former clients who regularly paid you late can finally be made to pay.
Ready to speak to an advisor?
For help or advice on credit management, entirely without obligation.
Call us today
0330 053 9263
The Credit Protection Association is a credit management company established in 1914. If you supply goods or services on credit then we can help you!
The Credit Protection Association – Prompting Punctual Payments – Ethical, Effective, Efficient, Economical collections.
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The Credit Protection Association – Prompting Punctual Payments – Ethical, Effective, Efficient, Economical collections.