Understanding Freezing Orders for Company Directors

Updated: 12th February 2021

Freezing orders are used to prevent assets being removed or disposed of by a debtor, and can be granted at any stage of legal proceedings against the recipient. The person applying must provide compelling reasons why a freezing order is needed, and also undertake to pay compensation should it later be proven that the court order should not have been made. 

It is a form of injunction, originally known as a Mareva Injunction, and is often delivered with no advance warning, which makes the situation extremely difficult for a debtor. Domestic freezing orders are applicable to England and Wales, with worldwide freezing orders being issued globally.

This is a powerful way to collect a debt, but requires strict criteria to be met by the applicant who also needs to deliver a compelling argument to the court in favour of it being granted.

A freezing order prevents insolvent companies from selling assets under their market value which would limit the amount left in the company for outstanding creditors.

Which assets will be frozen?

Any type of asset could be the subject of a freezing order, including land, property, vehicles, company shares and bank accounts. Although a company’s entire assets could be frozen, it is more often the case that a ‘maximum sum order’ is granted by the courts.

This means that assets not identified by the order may be dealt with in the normal course of business, but it is imperative that the company retains assets at least to the value of the maximum sum stated to remain compliant with the injunction.

Responding to a freezing order with and without notice

With notice
Court process involves an initial hearing to decide whether a freezing order should be granted. A ‘with notice’ order means that you can be present at the hearing, and offers a better opportunity to have it set aside, but only if you act quickly to obtain professional advice.

Begbies Traynor can provide professional guidance on what to do next. You may have ongoing liabilities to meet, but are restricted by the potential of a freezing order being made. In cases such as this, an application to vary the order may be possible so that you can deal with your upcoming payments.

Without notice
If an application is made ‘without notice’ the applicant must provide the court with a compelling argument that such an injunction is necessary. Timing is clearly a crucial part of the process from their point of view if they feel that assets may be removed, but they must also undertake to pay damages if it is later found to have been an unnecessary action.

When no notice has been given, the initial hearing would have granted an interim order and you will receive notice of the ‘return date’ on which a second hearing will be held. The nature of this process means that you only have a few days to act, but you must comply with court instructions and not attempt to move or otherwise deal with company assets.

What else can you do?

  • If the freezing order includes all company assets and you are in a position to ‘ringfence’ some of them to cover the amount of the claim, you may be able to release the remaining assets and continue trading. 
  • The court may have requested further financial information or a detailed list of all assets, in which case you will need to gather this together quickly in preparation for the hearing.
  • In some cases, the application should never have been made, and the recipient is able to prove the debt has already been cleared, or that the claimant has made an error.
  • It may be possible to have the return hearing moved to a later date if you need more time to gather evidence, or obtain the information requested by the court.

Non-compliance

Non-compliance with a freezing order is regarded as contempt of court, and carries with it severe penalties. Hefty fines are likely to be imposed, or assets seized, if you ignore court instructions; company directors have even received prison sentences in the past for failing to comply.

These rules also apply to anyone who helps in removing or concealing the assets in question. The front page of the injunction carries a penal notice as such, so anyone likely to become involved in dealing with company assets should be informed that you have received it.

Begbies Traynor can advise on what to do if your company’s assets are frozen, and offer a same-day meeting so that action can be taken quickly.

Network of Over 100 UK Offices

Find your local Begbies Traynor Group office and speak to an adviser today.

Find your Local Office
0800 063 9221

Call our Confidential Advice Line. Calls to this number are free of charge.

Call us now...
Request a Meeting

We invite you to come and discuss your enquiry with us at your convenience.

Request a meeting...
0800 464 0871

Call our Confidential Advice Line. Calls to this number are free of charge.

Call us now...
Request a Meeting

We invite you to come and discuss your enquiry with us at your convenience.

Request a meeting...
0161 837 1700

Call our Confidential Advice Line. Calls to this number are free of charge.

Call us now...
Request a Meeting

We invite you to come and discuss your enquiry with us at your convenience.

Request a meeting...
Begbies Traynor Group plc, announces that it has completed the acquisition of CVR Global LLP
CVR is a leading independent firm of insolvency practitioners, forensic accountants and experts in other related complementary disciplines.
Read More →
 
Coronavirus pushes financially distressed companies over the half-million mark
Number of businesses in significant distress stands at 509,000 – the highest number measured by the Red Flag Alert research
Read More →
 
BTG Advisory accelerates growth with appointment of four new partners to its London office
BTG Advisory, the boutique advisory arm of Begbies Traynor Group announces the appointment of four new partners to its Canary Wharf office
Read More →
 
Eighty jobs saved with £1m sale of engineering business
South Yorkshire company Newburgh Precision rescued through administration
Sale enables 75-year-old business to continue trading
Read More →
 
Join thousands of professionals by signing up for our updates
Analysis and Opinion from our Partners
Top Industry News
Register Now →
 

Advice you can trust

We are accredited by the following industry leading organisations

Insolvency Practitioners Association Institute of Chartered Accountants in England and Wales R3: Association of Business Recovery Professionals ICAEW Business Advice Service Turnaround Management Association ICAS | The Institute of Chartered Accountants of Scotland

Contact the Begbies Traynor Group team

or Find your Nearest Office

Here at Begbies Traynor Group we take your privacy seriously and will only use your personal information to contact you with regards to your enquiry. We will not use your information for marketing purposes. See PRIVACY POLICY

Processing...

This site uses cookies to monitor site performance and provide a more responsive and personalised experience. You must agree to our use of certain cookies. For more information on how we use and manage cookies please read our PRIVACY POLICY