When people in
Newcastle come to me looking to discuss Bankruptcy,
they are typically packed with questions. The internet has lots of information,
but far too much of it is baffling or contradicts itself, so I make it my
mission to try and make it clearer. One of the most basic troubles is 'Will I
lose my business if I declare bankruptcy?' The brief answer is no. If you are a
manager of a business any shape or size you can keep your business if you wish
to. In Newcastle, businesses that end up being insolvent have a few options for
instance, liquidation, voluntary administration and so on. It's individuals who
go bankrupt not businesses.
Bankruptcy is a
complex area so get some professional advice on this one if you have a
business. Generally speaking, the debts in a business and personal debts go
hand in hand when a business owner goes bankrupt. There are several crucial
implications for directors of companies when it comes to Bankruptcy in
Newcastle: A bankrupt can not be a director of a company, so if you have a pty
ltd company you definitely will need to resign as a director after you're
bankrupt.
A limitation
that applies when you are bankrupt as a business owner is that you can be in your
own business as a sole trader only. Generally there are things you will need to
make known as an aspect of that but essentially you can still run your company.
For some business owners, bankruptcy affects their ability to run the business
because of the licensing issues. For example, if you run a building company,
your license will be suspended once you're bankrupt and therefore you can no
longer trade without that license, so make sure you are asking the best
questions when it comes to licenses and Bankruptcy in Newcastle.
However if your
business is not impacted directly by such issues, then you'll have 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
company, then go bankrupt then open the doors the next day like almost nothing
had happened. There are laws in place to prevent what is called phoenix
companies popping up out of the ashes of an old business.
Having said
that, it's just a point of talking with the right people about Bankruptcy. Here
in this circumstance you may believe you need a liquidator for your business,
and you could be right, but remember that every liquidator is distinct and have
their own motives. Liquidators profit from your liquidation - heaps of money -
so just what advice do you think you will get?
When it comes to
Bankruptcy, I consider that giving generic advice in this area is essentially
damaging as it can have very substantial implications for directors and business
owners. This is considering that it is just 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 restriction
to the size of the business you run though you are bankrupt. You can employ
staff. You can continue to deal with your providers 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 worried about what you can and can't do as a
business owner, just get the best advice ... If you wish to learn more about
what to do, where to turn and what questions to ask about Bankruptcy, then feel
free to get in touch with Bankruptcy Experts Newcastle on 1300 795 575, or
visit our website: www.bankruptcyexpertsNewcastle.com.au.
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