Weekly Blog by Philip King, CEO of the ICM -'Directors must take responsibility for their actions'

I received the report from the House of Commons Business, Innovation and Skills Committee on The Insolvency Service (Sixth Report of Session 2012/2013) recently. In more everyday parlance, this was the report from the Select Committee that met last October and heard evidence from the Insolvency Service, R3, the Insolvency Regulatory Bodies and others. One of the comments in our submission has been somewhat over-stated,  and our words used out of context, but I am particularly pleased at the inclusion of another reference which says: 'The Institute of Credit Management summarised the concerns of many of those who submitted evidence to us when they commented: "We would be greatly concerned if the reductions in budget [of the Insolvency Service] resulted in a degradation or reduction of Disqualification Unit activity. We believe any such dilution of activity would send entirely the wrong message to delinquent directors at a time when corporate insolvencies are likely to increase".'

 

In connection with the disqualification of directors, the report points out that 'disqualifications have halved over the last couple of years………whilst the number of directors disqualified each year has remained relatively stable over the past decade (approximately 1,200 a year), the number of cases of misconduct identified by Insolvency Practitioners in the same period has risen from 3,539 to 5,401…..the disqualification rate has fallen from 45% in 2002-03 to just 21% in 2011-12.'

 

It is widely accepted that the UK is one of the easiest countries in which to start a business, and that's good, but business owners need to show some responsibility in return for the 'veil of incorporation' which limited company status affords them. If a company can be formed with £1 issued capital and the directors have no personal liability, there have to be consequences if they are found to be guilty of misconduct that leaves their creditors out of pocket. Insolvency Practitioners are required to submit a return identifying where they believe misconduct to have occurred and they have the right to expect their report to be acted upon. Currently only 20% of reports are taken forward to disqualification and that's not good enough so I'm delighted that the Report recommends 'that the Department provides the Insolvency Service with sufficient, and if necessary, additional funding to disqualify or sanction all directors who have been found guilty of misconduct.'

 

Let's encourage entrepreneurship and initiative but let's not turn a blind eye on sharp practice that leaves suppliers with bad debts and impacts negatively on their business and the wider economy. I happen to believe there should be a minimum amount of issued capital required to form a limited company so that directors and business owners take their responsibility more seriously but I'll save that argument for another day. In the meantime, let's hope the Select Committee's recommendation is fulfilled. It definitely needs to be.

2nd weekly blog of Philip King, CEO of the ICM - skills and risk

A few days ago, Rebecca Smithers, consumer affairs correspondent of The Guardian wrote that British manufacturing is at risk of 'collapse'. The reasons she cited included a worsening skills shortage that will leave thousands of hi-tech jobs unfilled over the next five years. More recently, a leading academic also stated that it is not just in the high-tech industries that skills are missing. He warned that all areas of business need the right, relevant skills to be successful, and this includes skills in credit management.

It is comforting to know, I hope, that there are organisations out there - the ICM foremost among them - who take such warnings seriously. The successful and ongoing development of our qualifications, and our work with employers, practitioners, and industry is aimed at ensuring the industry becomes more professional, and that the right skills are available to help Britain through the recovery.

The property and environmental services giant Connaught has collapsed into administration, putting thousands of jobs at risk. In June, the company warned that public spending cuts, designed to reduce the government's budget deficit, would impact 31 projects, reducing its revenues by £80m this year. This hit, it said, "would push the company into the red." Public sector cuts are going to hit businesses across all sectors, and many of those will be our customers.

In another annoucement that links closely with this theme, I note that the "time to pay" scheme has now reached its peak as HMRC appears to be rejecting an increasingly large number of applications to take part in the initiative. "Time to pay" allows businesses to defer tax payments during the recession. Syscap, an independent finance provider, says that in the last few weeks, a good many businesses have been in contact to secure loans to meet tax obligations either becuase HMRC has rejected their application to the scheme or because they have taken a business off the scheme. Perhaps this should not come as a surprise, but credit professionals are going to see their customers under greater cashflow pressure as a result, and the number of insolvencies is likely to rise as I've been predicting for several months now. Knowing our customers - and their customers in turn - is going to be more important than ever in the months ahead. Close monitoring of risk will enable creditors to take action to avoid or at least minimise potential bad debts.