When people in
Geelong come to me planning to talk about Bankruptcy,
they are typically packed 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 more clear. One of the most normal concerns is
'Will I lose my business if I declare bankruptcy?' The brief answer is no. If
you are an owner of a company any shape or size you can keep your business if
you wish to. In Geelong, businesses that eventually become insolvent have a few
options just like liquidation, voluntary administration and so on. It's people
who go bankrupt not companies.
Bankruptcy is a
complicated area so get some expert advice on this one if you have a business.
Generally speaking, the financial debts in a business and personal debts go
hand in hand when a business owner goes bankrupt. There are some essential
implications for directors of companies when it pertains to Bankruptcy in
Geelong: A bankrupt can not be a director of a company, so if you have a pty
ltd company you definitely will need to retire as a director as soon as you're
bankrupt.
A restriction
that applies when you are generally bankrupt as a business owner is that you
can be in your own business as a sole trader only. Generally there are things
you need to disclose as a part of that but effectively you can still run your
business. For some business owners, bankruptcy impacts their ability to run the
business because of the licensing issues. Such as, if you run a building
company, your license will be suspended once you're bankrupt and as a
consequence you can not trade without that license, so make sure you are asking
the right questions when it involves licenses and Bankruptcy in Geelong.
On the other
hand 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 acquire heaps of
debt in your company, then go bankrupt and afterwards open the doors the next
day like not a single thing had happened. There are laws in place to avoid what
is called phoenix companies popping up out of the ashes of an old company.
Having said
that, it's just an issue of speaking to the right people about Bankruptcy. In
this circumstance you may believe you need a liquidator for your company, and
you may be right, but keep that in mind every liquidator is unique and have
their own motives. Liquidators earn money from your liquidation - heaps of
money - so just what advice do you think you will get?
When it comes to
Bankruptcy, I think that giving generic advice in this area is likely risky as
it can have very substantial implications for directors and business owners.
This is since it is just one of those cases where what the right guidance for
one business owner is the incorrect advice for the other. There are some basics
however, that you may benefit from. There is no restriction to the size of the
business you run even though you are bankrupt. You can employ staff. You can
continue to deal with your vendors under certain conditions, the main one being
you will need to meet the payment terms agreed upon.
So when it comes
to Bankruptcy, don't get too confused about what you can and can't do as a
business owner, just get the best advice ... If you want to learn more about
what to do, exactly where to turn and what questions to ask about Bankruptcy,
then feel free to contact Bankruptcy Experts Geelong on 1300 795 575, or visit
our website: .bankruptcyexpertsGeelong.com.au.
