Elixir Audits, Chartered Accountants

Directors carry personal exposure for continuing to trade while insolvent. That is the fact which should govern the timing of this conversation, and it is the one most often not known until a lawyer explains it.

Why earlier is materially better

Every option available under Act 1015 requires something: cash to fund a process, creditor goodwill, time to negotiate, or an asset worth preserving. All of those deplete. A business that takes advice with three months of runway has choices. The same business with three weeks has one, and it is rarely the one anybody wanted.

Not every business needs a formal process

Most do not. A large proportion of the situations we see are working capital problems presenting as solvency problems: a receivable that has become a loan, stock that will not move, or a contract that is loss-making and has fourteen months to run. Those are fixable, and the options review exists to establish which situation you are actually in.

What the review gives you

An honest position on solvency, the options genuinely available, what each would cost and achieve, and a plain statement of the directors' exposure as things stand. Written so it can be put to a board, and confidential.

If you are already behind on statutory paymentsSay so in the first conversation. Arrears of PAYE, SSNIT or VAT change both the analysis and the urgency, and they are the most common thing clients leave out.
Act 1015

The insolvency and restructuring framework, including administration

Personal

Director exposure for trading while insolvent

1 to 2 weeks

For a confidential options review

Scope

What we do

The options review comes first in every case, because nothing else can sensibly be decided without it.

01

Confidential options review

An honest assessment of solvency, the realistic options, what each costs and achieves, and the directors' exposure as things currently stand.

02

Informal restructuring

Renegotiating terms with creditors, restructuring debt, disposing of loss-making activities, and rebuilding a working capital position without a formal process.

03

Creditor negotiation

Including with the Ghana Revenue Authority where statutory arrears exist, which is frequently the largest and most pressing creditor.

04

Formal processes under Act 1015

Where a formal route is the right answer, advising on and supporting the process, working alongside your lawyers.

Process

How the review runs

Fast, because the situations that bring people here do not wait.

Involve your lawyersDirector duties and personal exposure are legal questions. We work alongside your lawyers rather than instead of them, and where you have none we will say that you need some.

First conversation

Confidential, no charge, usually same day. What the position is, what is pressing, and who currently knows.

Same day where possible

Information

Management accounts, the cash position, the creditor list including statutory arrears, and any facility documentation.

Days 1 to 3

Solvency assessment

Balance sheet and cashflow solvency, tested rather than assumed, with the assumptions stated.

Week 1

Options paper

Each realistic option, what it costs, what it achieves and what it forecloses. Written to be put to a board.

Weeks 1 to 2

Implementation

Whichever route is chosen, alongside your lawyers.

As required

Engagement

Fees, timing and who does the work

Fee basis

Fixed fee for the reviewQuoted before it starts. Anything that follows is quoted separately once the route is chosen.

Who does the work

Partner-ledJudgement work with personal consequences for directors. It is not delegated.

Discretion

AbsoluteNothing is discussed outside the circle you agree, including internally.

Indicative only. Every fee is quoted in the proposal, before any work starts, and held unless the scope changes.

Questions

Questions when a business is under pressure

When should we take advice?
Earlier than most people do. Every option under Act 1015 requires cash, time, creditor goodwill or an asset worth preserving, and all of those deplete. A business with three months of runway has choices. With three weeks it has one.
What is our personal exposure as directors?
Directors can carry personal liability for continuing to trade while insolvent. The precise position is a legal question and depends on the facts, which is why we work alongside your lawyers and why the options review states the exposure plainly rather than leaving it implied.
Does taking advice mean the business is finished?
No, and in most cases we see it is not. A large proportion are working capital problems presenting as solvency problems, and they are fixable. The review establishes which situation you are actually in, which is worth knowing either way.
We owe PAYE and VAT. Does that change things?
Yes, materially, and it is the thing clients most often leave out of the first conversation. Statutory arrears accrue interest, the Ghana Revenue Authority is a creditor with particular powers, and the position needs to be on the table from the start.
Will this stay confidential?
Yes. The first conversation carries no charge and creates no record that could prejudice the matter, and nothing is discussed outside the circle you agree.

Next step

Call. The first conversation costs nothing.

It will tell you whether you have a solvency problem or a working capital problem, and what the directors' position is as things stand.

Request a confidential options review Speak to a partner

Contact

+233 53 362 2433 info@elixiraudits.com

1 Alex Nkrumah Street, Airport West, Accra