What happens when the cash runs out?

When the cash runs out in a business, everyone takes what they can to salvage something from the smoking ruins.But is it not smart for a supplier to take precautions to improve their position before the cash runs out, and before the liquidator moves in? If so, read on…
In most businesses, the finance supplier (the bank) will have taken the precaution of a registered debenture charge over the business. A debenture charge is like a mortgage which ‘floats’ over all the assets of the business, until the bank appoints a receiver, when it ‘vests’ over all the assets. Unless a supplier has taken precautions, it stands in line after the bank has recovered its money in full, as an unsecured creditor.
Three precautions stand out for suppliers, not only in the tourism industry, but generally.
The first precaution is that the supplier retains title to the goods or stock supplied to the business until payment is received. How is this done?
A retention of title or ‘ROT’ clause is inserted into its trading conditions. Using a ROT clause, a supplier can remove unpaid goods from the business premises even after a receiver or liquidator is appointed, because title has not passed to the business (no payment has been made).
The second precaution is that the supplier includes the right to lodge a caveat over the real estate of the proprietor of the business, in its trading conditions.
This will allow the supplier to recover their debt, whenever the property is sold.
The third precaution is to establish a regular payment pattern, such as cash on delivery (‘COD’), calling by to collect every Friday or insisting on payment in the first week of the month.
As a last resort, do what a certain meat wholesaler does which is to arrive at the butcher’s shop on Friday afternoon – the busiest day of the week – and take cash directly from the register to pay the debt.
So don’t dream of what might have been when the cash runs out, take precautions now.

Australian travel and tourism lawyer Anthony Cordato contributes a regular column to Backpacker Trade News. Got a question for Anthony? E-mail ian@backpackertradenews.com or visit Anthony’s website, www.tourismlegal.com.au.

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