How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Bankruptcy Law
Satisfied Customers: 3497
Experience:  Bankruptcy, liquidations, administrations, pre pack sales, re use of company names and director duties and offences.
13113900
Type Your Bankruptcy Law Question Here...
Alex J. is online now

I am a director of a retail business which due to a lack of

Customer Question

I am a director of a retail business which due to a lack of funding we have had to stop trading and close the shop (yesterday). We have a charge on the business due to a loan from the bank, who have the right to appoint an administrator. We closed the shop COB yesterday and informed the bank today. Also today the landlord of the shop spoke with us and said that it would be best to surrender the lease back to them before the administrator is appointed. We have paid the rent upto 24th of June. Would really like some advise on this? Thanks.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Alex J. replied 2 years ago.
Him

Thank you for your question and welcome.

My name is ***** ***** I will assist you.

If an administrator is being appointed I would not take any further action. You have done the right thing be ceasing trading.

You cannot agree to surrender an asset of the company without the administrators permission. It could potentially create an offence under the Insolvency Act 1986 S.239 - it could be considered some kind of preference and make the directors personally liable for the company debts.

At the very least I would obtain permission from the administrator before taking such action.

To protect yourself personally you should go and obtain some advice from an insolvency practitioner or solicitor as to how to go about closing the business. The Insolvency Service acknowledge that taking professional advice and following it is one of the best defences against personal liability to company directors under the Insolvency Act.

I look forward to hearing from you.

Kind regards
AJ

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Max Lowry

    Max Lowry

    Advocate

    Satisfied Customers:

    80
    LLB, 10 years post qualification experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    80
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    70
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Solicitor

    Satisfied Customers:

    38
    Bankruptcy, liquidations, administrations, pre pack sales, re use of company names and director duties and offences.
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    14
    I have been a solicitor in High Street Practice since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30938
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    12888
    Qualified Solicitor - Please start your question with 'For Ben Jones'