Buying a company that's about to go Bankrupt...

Buying a company that's about to go Bankrupt...

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KingRichard

Original Poster:

10,144 posts

233 months

Tuesday 19th August 2008
quotequote all
What's the score?

I hear rumours that one of my competitors is struggling. They are absolutely huge, and I'm confident I can impose my business model on their workload and turn it around.

I looked at buying them a few months back but the owner was cagey about his accounts and never provided them. Don't think it was intended as secretive or underhand, I just get the impression it may have been embarrassing... especially if he was trying to trade out of a situation.

Anyway, what's involved with buying assets from the reciever and suchlike? I've never done it before smile

Stitch

933 posts

218 months

Tuesday 19th August 2008
quotequote all
Contact your competitor again.

If the administrators are appointed/about to be appointed the directors of your competitor should inform the administrator of your interest (since it may be in the best interests of the creditors).

Would the business be damaged by not trading if only for a short period of time?

If so, you may want to look at a pre-pack deal with the adminsitrator. Whereby the company goes into and then exists administration in a very short period of time.

Remember that the existing owners may be looking at the pre-pack route as well.

If you do get the company, prepare for weeks of st as you find out what poor decisions have been made in recent months (things done to keep the business running rather than with a view to the long term future) and for dealing with p1ssed off suppliers, who either won't want to dela with you or will put you on pro forma.

Would be very useful if you had a different set of suppliers in your own business that you could substitute.

keep the two businesses separate for the time being until you understand what you have acquired - no sense in letting the newly acquired business drag your existing business down.

Would also recommend getting a decent corporate finance specialising accountant on board - most will be happy to spend a couple of hours with you discussing options if there is the potential of a fee at the end of it

KingRichard

Original Poster:

10,144 posts

233 months

Tuesday 19th August 2008
quotequote all
Stitch said:
Contact your competitor again.

If the administrators are appointed/about to be appointed the directors of your competitor should inform the administrator of your interest (since it may be in the best interests of the creditors).

Would the business be damaged by not trading if only for a short period of time?

If so, you may want to look at a pre-pack deal with the adminsitrator. Whereby the company goes into and then exists administration in a very short period of time.

Remember that the existing owners may be looking at the pre-pack route as well.

If you do get the company, prepare for weeks of st as you find out what poor decisions have been made in recent months (things done to keep the business running rather than with a view to the long term future) and for dealing with p1ssed off suppliers, who either won't want to dela with you or will put you on pro forma.

Would be very useful if you had a different set of suppliers in your own business that you could substitute.

keep the two businesses separate for the time being until you understand what you have acquired - no sense in letting the newly acquired business drag your existing business down.

Would also recommend getting a decent corporate finance specialising accountant on board - most will be happy to spend a couple of hours with you discussing options if there is the potential of a fee at the end of it
Yeah we have everything in place in terms of suppliers. I know for a fact that several lots of vehicle HP haven't been paid and drivers are getting cars repossessed from their houses. There are still good relationships there with account customers.

I know there is a shed load of drivers waiting for money etc. So the deal may be that we raise finance to replace vehicle stock, pay the drivers up to date to get them on side, then substitute our business model.

I already know that the market can stand a 20% price increase, as we've seen increased sales growth despite raising our prices earlier this year.

I'm aware it may be in a st state, but basically I want to retain his drivers (all self-employed), take the phone number and novate his contracts to ourselves.

The main assets I want are the phone number, whatever vehicles that aren't in arrears and the continuation of contracts.

I don't want the building, the computer system, the radios, the staff or anything... but I understand your point about keeping it all seperate for the time being. However, we could simply move the operation into our current office (just need another couple of workstations) and immediately shave off a st load of overhead...

Horse_Apple

3,795 posts

243 months

Wednesday 20th August 2008
quotequote all
KingRichard said:
What's the score?

I hear rumours that one of my competitors is struggling. They are absolutely huge, and I'm confident I can impose my business model on their workload and turn it around.

I looked at buying them a few months back but the owner was cagey about his accounts and never provided them. Don't think it was intended as secretive or underhand, I just get the impression it may have been embarrassing... especially if he was trying to trade out of a situation.

Anyway, what's involved with buying assets from the reciever and suchlike? I've never done it before smile
I'm quite boring with this one but one of my few mantras is that you never buy a company, ever. You buy the assets that you want off that company.

Strip out the core essence and leave all the junk, liabilities and hidden nasties with the guys who put them there.

KingRichard

Original Poster:

10,144 posts

233 months

Wednesday 20th August 2008
quotequote all
Horse_Apple said:
KingRichard said:
What's the score?

I hear rumours that one of my competitors is struggling. They are absolutely huge, and I'm confident I can impose my business model on their workload and turn it around.

I looked at buying them a few months back but the owner was cagey about his accounts and never provided them. Don't think it was intended as secretive or underhand, I just get the impression it may have been embarrassing... especially if he was trying to trade out of a situation.

Anyway, what's involved with buying assets from the reciever and suchlike? I've never done it before smile
I'm quite boring with this one but one of my few mantras is that you never buy a company, ever. You buy the assets that you want off that company.

Strip out the core essence and leave all the junk, liabilities and hidden nasties with the guys who put them there.
I think that's more or less what I want to do really. Only trouble is how to upscale fast enough to take on all that extra work. I could get their drivers in I suppose and offer them all a deal if they want to come over - then novate the contracts and get an agreement from our asset finance bods that they will stump up the cash so we can meet the workload. It's only financing vehicles and PDA's. That's it smile

I want the drivers
I want the phone number
I want the existing contracts
I want the websites and email addresses.

That's it... don't need to buy the company I suppose, just the assets.

CrashTD

1,788 posts

205 months

Wednesday 20th August 2008
quotequote all
Whats the competition like in your industry? If the other company is about to shut up shop then I assume the services they were providing are still needed. Does your current company competitive enough to win the contracts?

Obviously there is alot more to this idea than I am explaining in this post. If you think its a viable idea then I will write up all the details.


KingRichard

Original Poster:

10,144 posts

233 months

Wednesday 20th August 2008
quotequote all
CrashTD said:
Whats the competition like in your industry? If the other company is about to shut up shop then I assume the services they were providing are still needed. Does your current company competitive enough to win the contracts?

Obviously there is alot more to this idea than I am explaining in this post. If you think its a viable idea then I will write up all the details.
Sorry, I don't understand the question smile

CrashTD

1,788 posts

205 months

Wednesday 20th August 2008
quotequote all
If the other company went bankrupt do you feel confident you could win their old contracts?


KingRichard

Original Poster:

10,144 posts

233 months

Wednesday 20th August 2008
quotequote all
CrashTD said:
If the other company went bankrupt do you feel confident you could win their old contracts?
Why would I need to win them? If I buy them, I would have them.

And if they went bankrupt without selling any assets to me... their drivers and work would be spread pretty evenly throughout my competitors I would imagine...

CrashTD

1,788 posts

205 months

Wednesday 20th August 2008
quotequote all
KingRichard said:
Why would I need to win them? If I buy them, I would have them.
The idea I had was to try and acquire the contracts without buying the firm.

Obviously I don't know the amount of money your dealing with so the suggestions may be a bit absurd.

Do some maths and see how much it would cost to try and win the contracts. Look into employing the firm's top negotiator. Not good business ethics but that way the rapport will already be in place with the potential client. Providing you can match or beat the service then the client wont really notice the progression.


The Moose

22,860 posts

210 months

Wednesday 20th August 2008
quotequote all
KingRichard said:
stuff....

I want the drivers
I want the phone number
I want the existing contracts
I want the websites and email addresses.

That's it... don't need to buy the company I suppose, just the assets.
Surely, in the case of a taxi firm, there are no other assets (not inc. office space)?!?!

The Moose

amir_j

3,579 posts

202 months

Wednesday 20th August 2008
quotequote all
Horse_Apple said:
KingRichard said:
What's the score?

I hear rumours that one of my competitors is struggling. They are absolutely huge, and I'm confident I can impose my business model on their workload and turn it around.

I looked at buying them a few months back but the owner was cagey about his accounts and never provided them. Don't think it was intended as secretive or underhand, I just get the impression it may have been embarrassing... especially if he was trying to trade out of a situation.

Anyway, what's involved with buying assets from the reciever and suchlike? I've never done it before smile
I'm quite boring with this one but one of my few mantras is that you never buy a company, ever. You buy the assets that you want off that company.

Strip out the core essence and leave all the junk, liabilities and hidden nasties with the guys who put them there.
You should tell that private equity lot that lol

Edited by amir_j on Wednesday 20th August 23:15

richardxjr

7,561 posts

211 months

Thursday 21st August 2008
quotequote all
You'll probably find the present owner is hanging on for dear life because he depends on it for his income. If/when it goes pop, he's got no back up plan.

If he came to work for you, you'll find he'd bring everything you need to your business.

Have a chat with him.

Tyre Smoke

23,018 posts

262 months

Thursday 21st August 2008
quotequote all
Wait for them to go pop, then cherry pick the contracts you want - why buy the business? All the drivers are s/e, so they'll be knocking on your door after the firm goes tits up anyway. The companies that use that firm will know of yours anyway so they will probably contact you once the firm ceases trading. There is nothing to buy - better spend your money on a bit of targetted advertising, and a lot cheaper than buying a pup.

Hold tight mate, there's going to be a lot of taxi companies going bang if the so called credit crunch bites any harder.

stuart-b

3,643 posts

227 months

Friday 22nd August 2008
quotequote all
richardxjr said:
You'll probably find the present owner is hanging on for dear life because he depends on it for his income. If/when it goes pop, he's got no back up plan.

If he came to work for you, you'll find he'd bring everything you need to your business.

Have a chat with him.
Or he can't let go of control and his ideas so far have failed (hence the situation they're in) and will end up being a right pain in the arse.

Speaking from experience of dealing with a company who was purchased by a chap. The old owner was kept on for "experience". All the staff listened to him and not the new boss, he caused big problems, gave everyone a payrise before the new owner came in, etc etc.

Since he was gone, it's a lot better.

KingRichard

Original Poster:

10,144 posts

233 months

Friday 22nd August 2008
quotequote all
Thanks for the opinions guys...

More interested in how it works with the receivers though. How do you know who 'they' are? Are they a firm of solicitors or accountants or something? How do you make contact, offers etc?

Thanks smile

amir_j

3,579 posts

202 months

Friday 22nd August 2008
quotequote all
KingRichard said:
Thanks for the opinions guys...

More interested in how it works with the receivers though. How do you know who 'they' are? Are they a firm of solicitors or accountants or something? How do you make contact, offers etc?

Thanks smile
The court appoints a insolvency practitioner- accountants or lawyers iirc (cash cow industry- they make easy money). By law they have to publish an ad saying so and so is banckrupt etc in the paper so have a look fro that/ask the company who was given it.

KingRichard

Original Poster:

10,144 posts

233 months

Friday 22nd August 2008
quotequote all
amir_j said:
KingRichard said:
Thanks for the opinions guys...

More interested in how it works with the receivers though. How do you know who 'they' are? Are they a firm of solicitors or accountants or something? How do you make contact, offers etc?

Thanks smile
The court appoints a insolvency practitioner- accountants or lawyers iirc (cash cow industry- they make easy money). By law they have to publish an ad saying so and so is banckrupt etc in the paper so have a look fro that/ask the company who was given it.
Oh right, so the company will be called to a court hearing first? smile

Catherine197

9,586 posts

244 months

Friday 22nd August 2008
quotequote all
The general process is:

Business is wound up in the court by the owner of a creditor.

Official Receiver sends questionnaire to the owner who will then by interviewed by the O.R

Depending on the assets of the business, an Insolvency Practitioner may be appointed. If there are no or only a few assets then the O.R will handle the process themselves.

KingRichard

Original Poster:

10,144 posts

233 months

Friday 22nd August 2008
quotequote all
Catherine197 said:
The general process is:

Business is wound up in the court by the owner of a creditor.

Official Receiver sends questionnaire to the owner who will then by interviewed by the O.R

Depending on the assets of the business, an Insolvency Practitioner may be appointed. If there are no or only a few assets then the O.R will handle the process themselves.
Oh right, this is why if a business owes me a lot of money that remains unpaid, I can make a move to wind that company up?

Thanks for the insight, and the reply smile