Business insolvency
If you become insolvent you should contact us about your business rates after consulting this guidance.
Bankruptcy
If you become bankrupt you will need to inform the Council and send documentary evidence to confirm the date of the bankruptcy meeting. The Official Receiver will appoint a Trustee who will usually give us a proof of debt. We will then make the necessary amendments on your business rate account and submit a claim with the proof of debt. The Official Receiver will, if possible, make assets available to pay out to creditors i.e. the Council. You must continue to pay the rates from the date of bankruptcy if you still occupy the property. If the lease/freehold remains with the Trustee no business rates are payable.
Liquidation
If your company is placed into liquidation then you will need to send the Council documentary evidence to confirm the date of the liquidation meeting. If we are owed any business rates we will make a claim as an unsecured creditor to the Insolvency Practitioner (the liquidator). We may receive a dividend. If you vacate the property we will make the necessary amendments to your business rate account. If the lease remains with the Insolvency Practitioner no rates are payable until the lease has been surrendered back to the landlord. The Insolvency Practitioner holds annual meetings and will issue reports and statements to all creditors.
Company Voluntary Arrangement
If your company has been placed into company voluntary arrangement (CVA) you will need to send us documentary evidence to confirm the date of the meeting. Once we have received the evidence we will amend your business rates account as necessary, submit a claim and vote by proxy. Any charges from the date of the meeting of the CVA onwards are outside the CVA and are therefore recoverable. If we are owed any business rates up to the date of the meeting these will be covered as part of the proposal of the CVA. The CVA binds the Council only if we are told of the meeting, but the supervisor may invite the Council to join.
Administration
If an administration order is placed on your company we will need a copy of the order as documentary evidence. While the order is in place the Council cannot take any recovery action. We will submit a claim to the Administrator to the date of the order. The Administrator may pay the business rates owing from the date of the order, but is not obliged to. The Administrator looks at your company's finances and usually either lets trade continue with the intention of getting your company back on a sound financial footing or sells it as an ongoing concern. Administration orders can last up to several years, most becoming CVAs or liquidations.
Receivership
If a lender appoints an administrative receiver because of a debt you will be placed in receivership. You will need to send us documentary evidence to confirm the date of the receivership. We will submit a claim up to the date of the receivership and close the account, and then produce a new account for your company from the date of the receivership onwards. This is known as post-receivership. It is payable, but some receivers, who are never personally liable, will not pay because they usually intend to sell the company as a going concern. If the receivership ends your company may or may not be taken off the Companies House Register.