Advisory vs action: when a situation moves beyond business advice

| Written By Bryan Williams

A guide for accountants whose clients are running out of room to manoeuvre. 

Every accountant knows the feeling. A client’s numbers have been telling a story for some time now, and lately the story has taken a darker turn. Cash flow is tightening. The conversations are less about growth and more about survival. You’ve offered sound advice, and your client has listened. But something has shifted. The advice, however well considered, no longer seems to be enough.

The difference between a business that recovers and one that doesn’t often comes down to recognising that shift early and knowing what kind of help to reach for.

 

Insolvency advisory vs action

Two very different roles

It helps to draw a line between two distinct types of engagement.

A business advisor works within a fundamentally functioning business. They counsel on strategy, structure, cash flow discipline, and direction. They offer a framework for the business owner to weigh up and act on. The owner remains in control, and the value the advisor delivers is the quality of their thinking. The model works beautifully, right up until the patient stops responding to vitamins.

An insolvency practitioner operates in entirely different territory. Where the business coach responds to non-specific concerns about performance, the insolvency practitioner responds to a specific, existence-threatening situation and applies a specific remedy. The test is no longer “is this best practice?” but something rather more fundamental: “is this action pro-survival, or does it represent a further threat to survival?”

This is the line where business advisory ends and insolvency advice begins. It is not a subtle line, though it can be easy to miss while you’re standing close to it.

How to recognise when a client has crossed it

The transition is rarely marked by a single event. More often, it is a slow accumulation, a pattern that becomes visible only in retrospect. There are, however, recognisable signals that a situation has moved beyond what advice alone can fix.

The position is becoming difficult to stabilise. Recommendations have been made, the client has genuinely tried to implement them, and yet the trajectory hasn’t changed. The spiral continues despite real effort.

The options are narrowing. Where there were once several credible paths forward, there now seem to be fewer, and the remaining ones are less attractive than they were six months ago.

Creditor pressure is intensifying. Suppliers are tightening terms. IRD is making contact. Demands are arriving with greater frequency and considerably less patience. The commercial goodwill that once gave breathing space is quietly evaporating.

Formal process is entering the conversation. The realistic remedies are beginning to sit within statute: Voluntary Administration, company restructuring, receivership, rather than within ordinary commercial advice.

When more than one of these is present, the question is no longer how do we improve performance? It becomes how do we preserve the options that remain?

 

When a business hits financial challenges

Why directors wait too long

In ordinary commerce, business runs on momentum and mutual benefit. As financial distress deepens, behaviour starts to drift toward the margins. The struggling company moves further from accepted commercial norms simply by trying to keep the doors open. The creditor, increasingly out of pocket, moves toward a harder and more righteous stance. Trust erodes on both sides.

In this environment, a director can quite reasonably continue to hold on. While there are still resources to manage creditor pressure, deferring the hard decision feels rational, even prudent. Why invite a difficult resolution today when tomorrow still seems possible? From the inside, the logic is compelling. From the outside, an experienced insolvency practitioner sees something different: a window quietly closing.

The longer a director waits, the fewer options remain. Voluntary Administration is not a last resort, but it does have a use-by date. It is designed to work when there is still something to work with: operational continuity, commercial goodwill, and cash flow sufficient to trade through a restructure. Once those elements are gone, the conversation shifts from recovery to salvage.

The value of referring early

Voluntary Administration creates a moratorium: a formal period during which creditors are held back while a qualified administrator investigates the company’s position and works towards a plan to address debts and, where possible, return the business to solvency. It is the structured alternative to liquidation, not a precursor to it. Timing, though, is everything.

When a client is referred while there is still cash, goodwill, and room to negotiate, the full range of remedies remains open. Business restructuring, recapitalisation, a deed of company arrangement, and an orderly sale of the business as a going concern: these all require options, and options require time.

Refer late, when resources are exhausted and creditors are pressing for enforcement, and the menu shrinks to its least palatable items. At BWA, the best outcomes consistently come from situations addressed before they reach crisis point. That is not a coincidence.

Bryan Williams is a registered insolvency practitioner, an INSOL Fellow and member of RITANZ. Bryan has over 30 years of experience in the insolvency industry and established BWA Insolvency in 1993.

What a referral means for you

Referring a client to an insolvency specialist is not an admission of failure. It is a recognition that the issue has moved outside the scope of ordinary advisory work into a specialist field requiring specialist knowledge of enabling law and the experience to apply it under pressure.

A well-timed referral protects everyone. It protects your client by getting them in front of the right expertise while options still exist. It protects the relationship by demonstrating that your priority is their outcome. And it protects your professional standing, because the worst outcome of any referral is dissatisfaction that reflects back on the referrer. The surest way to avoid that is ensuring the referral happens at a point where something meaningful can still be achieved.

Restructuring business is a craft and we’re passionate about our outcomes. Bryan Williams is a registered insolvency practitioner, an INSOL Fellow and member of RITANZ. Bryan has over 30 years of experience in the insolvency industry and established BWA Insolvency in 1993. Get in touch today.

A final word on when to take action

There comes a point in every distressed situation where advice, however expert, can no longer change the outcome. Only action can. The advisor offers direction. The insolvency practitioner applies a remedy. Both are necessary, but not interchangeably so.

Knowing where that line sits, and acting before your client crosses it unprepared, is one of the most valuable things an accountant can do. Not because it solves everything, but because timing determines what can be solved at all.

If you have a client whose position is becoming hard to stabilise, whose options are narrowing, or who is feeling the growing weight of creditor pressure, the time to have the conversation is now.

Liquidator FAQs

What is the role of a liquidator?

The primary role of a liquidator is to sell the property of a company that is not charged by secured creditors and distribute the net proceeds according to statutorily prescribed priorities. The liquidator has full control of the company’s affairs during liquidation and must conduct the process in strict compliance with the law and relevant codes of practice. Liquidators manage the process when a company goes into liquidation, handling the sale of company assets and distribution of proceeds to creditors according to legal priorities. Their role is complex and often misunderstood, especially by creditors who may feel aggrieved by unpaid debts and the formal reports issued.

How are the interests of creditors affected during liquidation?

Creditors often experience stress and disappointment, especially as they may receive reports from the liquidator informing them that there are no funds to pay their claims. The prioritisation of payments changes during liquidation, with preferential creditors typically paid before non-preferential creditors, which may result in many creditors not receiving any payment.

What skills and qualifications are required to become a registered insolvency practitioner in New Zealand?

Applicants must have significant senior-level experience and hours worked in insolvency; accountants require at least 1,000 hours and five years’ experience, while non-accountants need 2,000 hours and five years’ experience. Additional skills in accounting, law, human resources, and business structure are needed, and practitioners must be members of recognised bodies like RITANZ.

How is the liquidation fund distributed among claimants?

Liquidators are paid first from the liquidation proceeds, followed by employee entitlements and Inland Revenue, with other preferential creditors as applicable. Remaining funds are then distributed to non-preferential creditors; often, the fund runs out before all claims in the list are satisfied.
Bryan_Williams_Insolvency_Specialist

Written By Bryan Williams

Bryan is the founder and principal of BWA Insolvency, a leading Auckland-based insolvency firm. For more than 30 years, Bryan has used his legal and business acumen to assist companies in times of crisis. Holding a Masters in Commercial Law, an MBA, and a Diploma in Business, Bryan’s expertise is helping business owners and directors navigate complex insolvency issues. Bryan is an INSOL Fellow and a member of RITANZ.

bryan@bwainsolvency.co.nz

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