In an unstable economy, it is important to recognize in advance the signs of bankruptcy of a company in order to avoid financial losses and cooperation with unreliable counterparties. Falling liquidity, growing debt, arbitration claims − all this may signalize the looming problems.
In the Newsletter, we will explore the key signs of possible bankruptcy, the distinction between legitimate and illegitimate bankruptcy, and the consequences of illegal bankruptcy. You will know how Globas helps to identify future bankrupts by analyzing arbitration cases, financial indicators and other important factors.
What is bankruptcy and how this process gets started
Bankruptcy is a procedure for declaring a legal entity or an individual entrepreneur as financially insolvent, in other words, unable to fulfill its or her/his obligations to creditors. The process begins when a company accumulates debt that it cannot pay off.
In Russia, the minimum amount of debt for initiating bankruptcy proceedings is RUB 2,000,000 for legal entities and RUB 500,000 for individuals.
Bankruptcy proceedings can be initiated by:
- the debtor itself by filing an application to the Arbitration Court;
- creditors, if the company has defaulted on payments;
- the Federal Tax Service, if the company has substantial tax arrears.
After filing an application, the Court appoints a receiver who assesses the financial condition of the debtor, analyzes its assets and liabilities and takes measures to recover debts.
How other creditors get involved in the bankruptcy proceeding
After the initiation of bankruptcy proceedings, a register of creditors' claims is being formed by the Court. Any organization or person that has confirmed debts to the bankrupt can claim their rights to collect the debt. For this, they submit an application to the Court within the prescribed period. Depending on the stage of the process, creditors have rights to:
- obtain partial or complete satisfaction of their claims at the expense of the bankrupt's property;
- participate in the meetings of creditors and influence decisions on the future fate of the company;
- control the actions of the receiver and possible attempts to withdraw assets.
Legitimate and illegitimate bankruptcy
Bankruptcy can be legitimate when a company is really unable to fulfill its obligations and undergoes the procedure according to the law. However, there are also schemes of illegitimate bankruptcy, when debtors deliberately withdraw assets, create fictitious liabilities or apply illegal debt cancellation schemes.
Illegitimate bankruptcy is divided into two types:
- Deliberate bankruptcy - when a company is deliberately driven into bankruptcy in order to avoid paying debts. For example, assets are withdrawn to related companies, artificial debt is created, and then bankruptcy proceedings are initiated.
- Fictitious bankruptcy - when a company declares itself insolvent, although, in fact, it has funds and assets to fulfill its obligations. This is to obtain debt deferrals, cancellation of obligations or avoid paying taxes.
Consequences of illegitimate bankruptcy
Russian law provides for serious sanctions for deliberate and fictitious bankruptcy:
1. Criminal liability (Articles 196 and 197 of the Criminal Code of the Russian Federation):
• a fine of up to RUB 500,000 or in the amount of the convicted person's income for a period of up to 3 years;
• imprisonment for up to 6 years (on a very large scale of damage).
2. Administrative liability (Article 14.12 of the Administrative Code of the Russian Federation):
• fine for the legal entities up to RUB 300,000.
3. Civil liability:
• cancellation of transactions aimed at deliberate bankruptcy;
• the duty to compensate the losses to creditors.
4. CEO disqualification:
• a ban on holding senior positions for up to 3 years.
• a fine of up to RUB 500,000 or in the amount of the convicted person's income for a period of up to 3 years;
• imprisonment for up to 6 years (on a very large scale of damage).
2. Administrative liability (Article 14.12 of the Administrative Code of the Russian Federation):
• fine for the legal entities up to RUB 300,000.
3. Civil liability:
• cancellation of transactions aimed at deliberate bankruptcy;
• the duty to compensate the losses to creditors.
4. CEO disqualification:
• a ban on holding senior positions for up to 3 years.
Signs of future bankruptcy
Decrease in the company's liquidity level. If a company does not have enough current assets to cover current liabilities, this is the first red flag.
Worsening of the financial condition based on the analysis of ratios. Important indicators, such as ratios of current and absolute liquidity, financial stability and liability coverage ratio, make it possible to identify the worsening of the situation long before the crisis.
Growth of number of arbitration cases in disputes related to fulfillment of obligations. The presence of many debt collection claims indicates problems with solvency.
The appearance of active writs of execution for overdue debts, taxes and wages. If a company does not meet its obligations to employees and public authorities, this is a clear indicator of financial difficulties.
Excess of liabilities over assets. If the company's long-term and short-term liabilities exceed the value of its assets, this indicates possible insolvency.
Losses of previous years. If a company accumulates losses from year to year without taking remedial actions, this increases the likelihood of bankruptcy.
Growing debt load. If the debt load is constantly growing, and the profitability of the company falls, financial stability is threatened.
How Globas helps to identify bankruptcy in advance
Globas provides a set of risk assessment tools:
- Analysis of arbitration cases. If over the past 1-3 years the company has an increasing number of claims for improper fulfillment of obligations, this can be a red flag.
- Assessment of the level of claim load. If the company's liquidity is not enough to pay off claims, the likelihood of bankruptcy increases.
- Financial analysis. Globas contains calculations of liquidity ratios, financial stability ratios, as well as Liquidity Index showing the company's ability to fulfill short-term obligations.
- Study of financial statements. Globas allows you to analyze in detail the structure of assets and liabilities, identify excess debts over assets and accumulating losses.
- Trends in financial ratios. Globas detects trends that signalize a worsening of financial condition.
Using Globas allows you to recognize in advance the financial problems of the company and make informed decisions. Monitoring of arbitration cases, financial ratios and Liquidity Index helps to avoid cooperating with problem counterparties and minimize risks.