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Regulation

SMEs and Open Banking — A Booming Combination

One of the major financial innovations of the past decade has been the rise of open banking. This term describes the use of open APIs (application programming interfaces) to allow users more control over their banking. While uptake has been limited among consumers, it’s proved popular with SMEs. Recent research has shown more than 750,000 SMEs using it in the UK. What Is Open Banking? Open banking is the general term
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A Crisis in Late Payments to SMEs

Are you being held back by cash flow problems caused by late payment of invoices? You’re not alone. A recent report by Time Finance found that SMEs are owed an average of about a quarter of a million pounds in outstanding invoices. At the same time, the Federation of Small Businesses (FSB) has reported that 52% of small businesses have experienced late payments. Are you among these? And, if so, what can you do about
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Restructuring Plans — The Way Forward for Insolvency?

While more traditional insolvency procedures — e.g. Company Voluntary Arrangements (CVA), “pre-pack” Administrations and Schemes of Arrangements — are sometimes the best way forward, they can have disadvantages. Winding a company up isn’t always in the best interests of the creditors, any more than the debtor, but there has often been little choice. However, in 2020 a new approach was introduced — Restructuring Plans
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Do You Need to Close Your Business? How to Do It Properly

When we set up a business, we’re not thinking of having to close it eventually. The reality is, though, that most businesses do eventually close, even if it’s after a good run. However, there are right and wrong ways of going about it. Why Might You Need to Close Your Business? It’s a sad statistic that a fifth of all businesses close within a year of being launched. There are various possible reasons. Maybe they hav
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Cryptocurrency and Insolvency — What’s the Future?

Cryptocurrencies, like Bitcoin and many others, have being growing in popularity for several years, but have posed a challenge in several legal areas. This has included insolvency laws. After all, how can you include as an asset something that’s not only non-physical, but also anonymous? However, English law has recently started trying to define cryptocurrencies as assets, so what does that mean for insolvency law? T
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Insolvency Service Raising Petition Deposits

If you’re applying to the Insolvency Service for either a Creditors’ bankruptcy or a Company liquidation against someone who owes you money, a deposit is charged. This may or may not be returned, depending on the assets available. The charge for deposits has been stable since 2016, but next month it will be rising substantially. So what does this mean, if you’re considering applying? What Are Petition Deposits? If al
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What’s the Position of Third-Party Guarantors Under a Part 26A Plan?

Two years ago, the government enacted Part 26A of the Companies Act 2006. The aim was to offer protection for companies during the Covid-19 pandemic, allowing the option of arranging a sanctioned restructuring plan. This includes the possibility of a moratorium on the company’s debts. However, one aspect of this not specifically covered by the Act, and not previously tested in court, is the position of third-party gu
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Bounce-Back Loans — Can’t Pay or Won’t Pay

With many businesses devastated by the Covid pandemic, government measures like furlough and bounce-back loans were often lifesavers. However, when the time came to start paying back, not everyone repaying as easy as borrowing. Sometimes this was due to ongoing challenges, but some cases were self-inflicted. Bounce-Back Loan Fraud — Convictions Begin Because of the urgency of the situation, bounce-back loans were oft
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Landlords — Do Your Carbon Monoxide Alarms Meet the New Rules?

The many regulations imposed on landlords of residential rental properties may seem a hassle at times, but most are simply what a responsible landlord would want to conform to. This is certainly true of the rules around carbon monoxide alarms — and these are to be updated in a couple of months. Why Are Carbon Monoxide Alarms Essential? The last thing any landlord wants is for tenants or their guests to be killed by c
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Should You Act as a Personal Guarantor for a Business Loan?

Have you ever been asked to act as a personal guarantor on a business loan? Maybe you’ve been asked by a business owner you’re on good terms with, or maybe you’ve considered taking on the role for a limited company you’re a director of. Is it a good idea to accept the request — and what could the consequences be? What Is a Personal Guarantee? There are various ways of offering security to a lender for a business loan
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