I’m going to do something that I don’t usually do – I’m going to try and make the most of the fact that I’ve spent the last half decade working for a firm that specializes in a unique field of accountancy called “insolvency.” The field that I’ve worked in is in a curious place between accountancy (liquidator’s and trustees in bankruptcy are mostly trained accountants), law (most of our work involves crossing a legal minefield) and management (the process of liquidation involves management skills of having to collect debts, pacify angry creditors, deal with frustrated landlords, firing of employees – many of who may not have been paid for some time, disposing of assets and so on.). In a funny way, my day job in the insolvency trade has given me many of the skills that my side hustle of promoting a start-up accelerator requires.
One of the main reasons why I don’t blog directly about what
I do during the day is because much of what happens in the business involves
legal. However, wherever possible, I do try to share my experiences of dealing
with people in certain situations, particularly the sad and depressing ones and
I guess one of the key topics that someone who has a toe-hole in this business
should address is the emotional topic of corporate insolvency and bankruptcy.
Many of us were brought up with the notion that business is
entirely about making money. The concept of business is simple enough – you buy
low, sell high and pocket the difference. However, as the act of buying and
selling involves human interaction, the concept of business is complicated by
human emotion. If you hang around business people long enough, you’ll realise
that business is not just about money – it’s about something more important –
the human being.
In my five-years of being in the insolvency, I’ve seen how a
business becomes part of a person. I remember liquidating a company set up by
an Englishman who had found himself on the wrong end of a law suit. Throughout
the process he kept repeating that we were taking away 27-years of his life and
it took several reminders from us and his friend, who was an Australian lawyer
that he had no company left.
The man had a point. The business he had started and built
up from the ground was his life’s work. A few of the people who were collecting
their goods from the Company actually remarked that the man was a pioneer in
his field and was effectively an industry unto himself.
However, the fact remained, the court order against him had
been issued and he was unable to come to an agreeable settlement with his
petitioning creditor. While there was a semblance of a functioning business, we
had the power to stop him from functioning and that was that.
While it was easy to sympathise with the man, the fact of
the matter was he had not made payment on a judgement debt and the creditor had
every right to wind him up. A good part of my job was to handle him and to keep
reminding him that he and his business were contrary to what he was feeling
separate entities. The business had died
but he was alive and well enough.
Too many business people forget that part of the reason they
set up a “company” in the first place is because a company is a separate legal entity
from the person. While a company may contain a person and more often than not
in Asia (I’ve been involved in liquidating companies as old if not older than
me) a family’s life’s work, the company is not in any biological sense a living
being.
If a human being dies, that’s it. If a company dies, there
is a possibility that the business it was running can be revived at some stage
or another.
While this may seem self-serving (considering its my main
stay to get liquidation and restructuring projects for my employer), business
people need to remember that there is no shame in calling in professionals to
help them restructure or in many cases to shut the company down. Companies, no
matter how much time you might have spent building them up, are not living
beings. One should not hold onto a company for emotional and personal reasons.
When the company cannot survive, it is better to let go. There are laws relating
to “insolvent trading” or situations where the directors are clearly aware that
the company is in obvious financial difficulties and cannot be saved. I cannot
stress enough that the company is not a living being where you have a moral
obligation to look after.
The same point leads to the matter of personal bankruptcy. Like
corporate insolvency, bankruptcy is an issue that many try to avoid. This is
particularly true in Asia, where the concept of “Face” is all important (rough
translation is reputation but the meanings of “face” are often deeper). Nobody,
particularly someone who is known to be successful wants to confront.
However, the reality is that many of today’s lenders insist
on personal guarantees (PGs) before they make loans of a certain quantum. There
are situations where bosses have pledged personal properties to the banks and
in some cases, even the landlords (one of the most powerful group in Singapore’s
economy) insist on personal guarantees before leasing out a place.
When this happens and the company goes down, one can expect banks
and landlords to call on their PGs. In this case, one has to be clear headed. If
you owe in the millions and have no prospect of ever earning that type of
money, bankruptcy is the sensible option.
I had to explain to someone recently that it was better to pay thousands
on personal debts of millions. While bankruptcy does impose restrictions on
things like overseas travel, it also allows one breathing space to reoganise one’s
financial situation. A bankrupt is perfectly capable of earning a living. Bankrupts
are also entitled to certain government assistance programs like legal aid.
Having said that, bankruptcy should not and does not protect
one from criminal laws. While it’s pointless to sue a bankrupt (what can you
collect), anyone thinking that bankruptcy protects them from fraud charges is
wrong. You can do jail time for things like fraud.
Thanks to Covid-19, the world economy is in a bad shape. The
prospect of business failure and a collapse in one’s personal financial situation
is an increasing reality for many. Insolvency and bankruptcy are likely
prospects. While neither are pleasant things to go through, they are not
medical issues that involve your personal well being. If you have to go through
them, use them as situations where you can figure out how to rebuild when
things improve. Work with your liquidators or bankruptcy trustees. You can
still make a living and you can always rebuild even when dealing with business
failure or personal bankruptcy.
No comments
Post a Comment