Like most people, I approach 2021 with optimism. There is definitely light at the end of the tunnel.
However, for many businesses there are dangers for 2021 which need to be recognised and acted upon now to minimise issues later in the year.
The Government was quick to react at the start of the pandemic and put many measures in place to help businesses survive.
However, unless companies act now, I can see some of the measures and changes in 2020 will collide in 2021 and leave many businesses exposed.
Government support
In an attempt to support businesses, Government spending through 2020 and into 2021 has been at unprecedented levels. Whilst this was undoubtedly needed, the big question must be how quickly the economy can recover.
There is a danger that a significant number of companies are only surviving due to this support. What happens to these ‘zombie’ companies as support is withdrawn? Can the economy recover quickly enough to enable these companies to survive?
The past year has also seen unprecedented protection for companies. The Corporate Insolvency and Governance Act (2020) severely restricts the use of Statutory demands or winding up petitions unless you can prove the company has not
suffered a financial impact due to Coronovirus. This protection is currently due to end on the 31st March.
As cash-starved business try to ‘go it alone’, I can see a significant rise in company insolvencies throughout the year. For each business that doesn’t survive, there is an impact on the entire supply chain.
Continuation of supply following insolvency
The Corporate Insolvency and Governance Act (2020) also included changes which restrict the ability of a supplier to suspend services when a customer becomes insolvent.
Many companies first actions when discovering a customer is insolvent is to stop supplies, both to limit potential further losses and to use as leverage to have debts paid should the company try to trade out of the situation.
This part of the act will now mean that, as a supplier, you will have to continue supply even if you have a clause in your contract stating a right to terminate in the event of insolvency (Replicating the type of situation which had been in place for many utility companies). The only exemptions to this (at the moment) will be if you are classed as a small business. Even showing that continuing supply will lead to hardship for your business will require a court application which is likely to be costly and certainly not quick.
As this change is retrospective it will apply to any contract you currently have in place.
HMRC given secondary preferential creditor status
On the 1st December 2020 the introduction of the Finance act 2020 meant that in the event of a company going into liquidation, HMRC will be given a higher priority than non-secured creditors and those with a floating charge.
Previously HMRC were grouped with other non-secured creditors.
Although payment to non-secured suppliers is often minimal or non-existent following liquidation, these changes are almost certain to reduce the likelihood of suppliers receiving any form of payment against the money they are owed.
The solution
Recognising the challenges coming is an important first step. So, what next? Here are just a few of the steps you should be considering now:
• Ensure your due diligence is current for your customers. The impact of the past year has been so significant that your customers financial strength could have changed considerably. Make sure you are reviewing payment trends, gathering information from your commercial teams and speaking regularly to your customers. It’s also vital to understand who the customers of your customers are. Whilst your direct customer may appear to be financially strong now, who do they supply? Even knowing the industries they supply provides great insight at a time when so many have been brought to a standstill.
• Review your terms and conditions. Make sure your legal teams are aware of the changes to legislation in The Corporate Insolvency and Governance Act. Can they suggest other changes to your contract to help mitigate the risk this legislation brings?
• Is now the time to review payment terms? Shortening these terms will limit exposure should the worst happen to your customers and allow you to act more speedily in applying for a court application should you need to.
With Government support due to end over the next couple of months and the recent legislative changes, now is the time for pro-active action.
Help put your business into the strongest possible position to survive the coming months and ensure THE BURNING FUSE FIZZLES OUT!