When people in
Sydney come to me wanting to speak about Bankruptcy,
they are usually packed with questions. The internet has plenty of information,
but far too much of it is baffling or contradicts itself, so I make it my
mission to try and make it more clear. One of the most basic worries is 'Will I
lose my business if I declare bankruptcy?' The quick answer is no. If you are a
manager of a company any shape or size you can keep your business if you want
to. In Sydney, businesses that end up being insolvent have a few options
including liquidation, voluntary administration and so on. It's individuals who
go bankrupt not companies.
Bankruptcy is a
complicated area so get some professional advice on this one if you have a
business. Generally speaking, the financial obligations in a business and
personal debts go together when a business owner goes bankrupt. There are a few
significant implications for directors of companies when it pertains to Bankruptcy
in Sydney: A bankrupt can not be a director of a company, so if you have a pty
ltd company you are going to need to resign as a director as soon as you're
bankrupt.
A limitation
that applies when you are generally bankrupt as a business owner is that you
can be in your very own business as a sole trader only. Certainly there are
things you should reveal as an aspect of that but in a nutshell you can still
run your company. For some business owners, bankruptcy affects their ability to
run the business because of the licensing issues. As an example, if you run a
building company, your license will be suspended once you're bankrupt and
therefore you can not trade without that license, so make sure you are asking
the appropriate questions when it comes to licenses and Bankruptcy in Sydney.
However if your
business is not impacted directly by such issues, then you'll 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 and after that open the doors the next day like
almost nothing had happened. There are laws in place to stop what is called
phoenix companies popping up out of the ashes of an old business.
Having said
that, it's just an issue of consulting with the suitable people about Bankruptcy.
Here in this circumstance you may think you need a liquidator for your
business, and you could be right, but keep in mind that every liquidator is
different and have their own motives. Liquidators make money from your
liquidation - heaps of money - so just what advice do you believe 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 because it is just one of those cases where what the
right guidance 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 even though you are bankrupt. You can
employ staff. You can constantly deal with your manufacturers 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 extremely confused about what you can and can't
do as a business owner, just get the appropriate 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 speak with Bankruptcy Experts Sydney on 1300 795 575, or
visit our website: .bankruptcyexpertsSydney.com.au.
