Posts Tagged ‘Cash Management’

2009 what a year that was!

Tuesday, January 19th, 2010

2009 was the most interesting and challenging year I have experienced.  Of course the events started towards the end of 2008 with the collapse of Northern rock in the UK and Lehman Brothers in the US. 

Paralysis in business decision making set in immediately.   We were trapped in a lift, the cable had snapped, we had no idea how many floors we had to drop.   The now infamous Sequoia presentation “RIP: Good Times†circulated from business leader to business leader urging cost cutting as quickly as possible.  Several clients asked us whether they should withdraw funds from traditional UK banks!

With the arrival of the New Year business leaders finally blinked, shook their heads and awoke from the bad dream, only to find it was real.  They acted quickly and with depth.   Almost without exception our clients made cuts to the workforce. 

Then something quite remarkable happened.  Businesses and their workforces united in their battle.  The workforce worked with managers, taking pay cuts (pay freezes if they were lucky), pension holidays, benefits cuts, reduced working days.  There was no large scale industrial action, no tales of unrest or poor morale.  Employees up and down the country were sophisticated enough to know that this was a genuine crisis requiring radical action.  I have not experienced this degree of co-operation and understanding before.  I believe history will show this to be a key foundation stone of the recovery.  It is vital that business owners and managers recognise this contribution when the good times return. 

The early summer months were odd.  A number of companies collapsed, their businesses had not deteriorated any further, it’s just that their balance sheets finally gave out.  Bank lending and venture funding had all but dried up.  Many companies had balance-sheets in December that could only fuel six months of loss making.  Were we heading for a second dip?  My fear was compounded by the slowest August in terms of activity.  We were almost continental.

We unexpectedly found our feet in September.  Perhaps it was simply the backlog of deferred August decisions, perhaps it was confidence garnered from corporate acquisition activity (Kraft’s first bid for Cadbury’s) or it was the boost from the FTSE breaking the 5000 barrier. It was a very patchy recovery though, many of our clients experienced no uplift in orders.  Our US clients also experienced a lift, but it was very regional and sector specific, but recovery seemed to be sparking into life on the West coast.

The momentum from September didn’t really build, but the economy didn’t fall back either.  The first nine months of the year had separated the strong from the weak – you had taken the action you needed to or it was already too late.  Now there is the grind to eventual recovery, but when?

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When is a personal guarantee not a personal guarantee?

Wednesday, October 28th, 2009

Delivering services to cash strapped businesses is one of the most delicate and difficult equations. 

One of our service provider clients called me last week for advice.  Our client had been supporting one of its cash strapped customers who had reached its credit limit.  A Director of the customer gave a personal guarantee (verbal) that the outstanding account balance would be paid on an agreed date if our client continued to provide service.  Unfortunately the Director reneged and our client is taking legal action against its customer.

It is a sad state affairs when Directors give personal guarantees  and then renege, however in these modern times where MP’s can no longer be called honourable and when bankers are being routinely jailed in the US why should we be surprised about a little old personal guarantee default.  The depressing  part about this little story is that during the most difficult times of business it is trust which get’s businesses through -  suppliers cut their customers some slack, bankers extend terms, employees cut their pay.  During the difficult times a company in difficulty gets through with the support of its employees, investors, bankers , shareholders and suppliers – all the stakeholders.  The strength of relationships forged during these times will endure for many years to come.  During these times a contract with the most exacting terms does nothing, companies and their directors rely on the strength of their commitments followed then by their actions.  For our client the granting of a personal guarantee could not have been a stronger commitment.

We have been working with many cash strapped customers – helping to manage their cash.  We have found that an honest and open communication technique is the best.  Do not tell a supplier they will be paid at the end of the month when they won’t, do not say you have lost the invoice when you haven’t .  Do part pay invoices.  Do pay small amounts regularly.  Do have senior members of the management team ring and talk to their suppliers.  Do not give personal guarantees and then renege.

This set me thinking about the legal status of a verbal guarantee.  It is important to realise that this is an agreement between an individual director and supplier.  Verbal agreements do have a legal standing, but there must be evidence that terms have been agreed.   The legal advice to our client was that whilst they may have a case to prosecute the individual director for the personal guarantee, it is more straight forward to take insolvency proceedings against the company.  It will be interesting to see what happens it is just possible that the director will have greater assets than the company.

Mike O’Connell, CEO, Isosceles Finance

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Posted in Business Skills, Business Survival, Cash Management, Finance Director | 1 Comment »