When people in
Tamworth come to me seeking to talk about Bankruptcy,
they are usually loaded with questions. The internet is full of information,
but far too much of it is confusing or contradicts itself, so I make it my
mission to try and make things clearer. One of the most general issues is 'Will
I lose my business if I declare bankruptcy?' The short answer is no. If you are
an owner of a company any shape or size you can keep your business if you want
to. In Tamworth, businesses that are insolvent have a few options just like
liquidation, voluntary administration and so on. It's individuals who go
bankrupt not businesses.
Bankruptcy is a
complicated area so get some experienced advice on this one if you have a
business. Generally speaking, the financial obligations in a business and
personal debts go hand in hand when a business owner declares bankruptcy. There
are some important implications for directors of companies when it pertains to Bankruptcy
in Tamworth: A bankrupt can not be a director of a company, so if you have a
pty ltd company you are going to need to retire as a director once you're
bankrupt.
A limitation
that applies when you are bankrupt as a business owner is that you may be in
your very own business as a sole trader only. Certainly there are things you
must disclose as a part of that but basically you can still run your company.
For some business owners, bankruptcy affects their ability to run the business
because of the licensing issues. For instance, if you run a building company,
your license will be suspended once you're bankrupt and consequently you can no
longer trade without that license, so make sure you are asking the ideal
questions when it involves licenses and Bankruptcy in Tamworth.
However if your
business is not impacted directly by such issues, then you'll will need to
restructure the way you run your business. There are considerations when and if
you go bankrupt as a business owner: you can not rack up heaps of debt in your
business, then go bankrupt then open the doors the next day like absolutely
nothing had happened. There are laws in place to stop what is called phoenix
companies growing out of the ashes of an old business.
Having said
that, it's just a matter of talking to the correct people about Bankruptcy.
Here in this circumstance you may believe you need a liquidator for your
business, and you might be right, but bear in mind that every liquidator is
unique and have their own motives. Liquidators profit from your liquidation -
heaps of money - so what advice do you think you will get?
When it comes to
Bankruptcy, I consider that giving generic advice in this area is possibly
perilous as it can have very substantial implications for directors and business
owners. This is due to the fact that it is one of those cases where what the
right advice for one business owner is the wrong advice for the other. There
are some principles however, that you may benefit from. There is no limit to
the size of the business you run even though you are bankrupt. You can employ
staff. You can continue to deal with your distributors under certain
conditions, the main one being you will need to meet the payment terms agreed
upon.
So when it
concerns Bankruptcy, don't get overly upset about what you can and can't do as
a business owner, just get the appropriate advice ... If you need to learn more
about what to do, exactly where to turn and what questions to ask about Bankruptcy,
then feel free to consult Bankruptcy Experts Tamworth on 1300 795 575, or visit
our website: bankruptcyexpertsTamworth.com.au.
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