An IVA can be a very useful debt solution if you are running a business. It offers more flexibility than Bankruptcy for business people.
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- Can a Company Director start an IVA?
- Can you use an IVA if you are a Sole Trader?
- Will you be able to maintain your business Bank Account?
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Can I still be a Company Director if I start an IVA?
As a Company Director you retain your position if you start an Individual Voluntary Arrangement (IVA) How will the IVA affect your job? Do you have to inform the Board or your fellow directors? To find out more please visit: http://beatmydebt.com/individual-voluntary-arrangement-frequently-asked-questions/how-will-an-iva-affect-my-business
Can a Company Director start an IVA?
If you start an IVA legally speaking there is nothing to stop you continuing to act as a company director. You can even take up new directorships while you are in the Arrangement if you wish.
If you are an owner director you will need to be able to prove your company can sustain your required monthly IVA payments. You will be asked for company accounts and a cash flow forecast to support this.
If your company has only been trading for a month or two you will not usually be able to apply for an IVA immediately. You first have to build up at least 6 months of trading history in order to prove your income.
If you are a director of a larger business your contract may state that you need to inform the Board if you become insolvent.
Can a Sole Trader start an IVA?
There is nothing to stop you running a business as a sole trader during an IVA. You will be able to start the Arrangement as long as you can prove your business can sustain the agreed payments.
The way you prove your income is by producing business accounts and your personal tax returns. You will also need to provide a cash flow forecast.
If you have only been trading for a short period you might have to delay your application. This will give you time to provide evidence that your business is trading successfully and supports your income requirements.
If you own money to HMRC it is possible to include this debt in your IVA. As such it can be a particularly good solution for sole traders.
Will you be able to maintain your Business Bank Account?
A limited company bank account should not be affected if you start an IVA. You and the company are separate legal entities. If you have debts that you cannot pay this should not affect the company and vice versa.
However if you are an owner director there could be a problem if your personal and company accounts are held at the same bank.
In these circumstances if you include debt in your IVA that is owed to your personal bank the company account will also be alerted. The result may be that company credit facilities are withdrawn.
If you are a sole trader and owe money to your bank you will probably need to open a new bank account for your business.
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