My company bank account has been frozen: What should I do now? (2024)

There are several reasons why your company bank account might be frozen, the most common being that you’ve been issued with a Winding Up Petition by a creditor. If you don't have a functioning bank account, it becomes almost impossible to trade. The good news is there are a few ways to resolve this very serious situation, but you need to act fast.

Why has my company bank account been frozen?

The most common reason for a bank to freeze your company account is that a Winding Up Petition has been issued against your business, usually by HMRC. A Winding Up Petition is a formal demand for payment that can force the company into liquidation if you ignore it.

After seven days, the petition will be advertised in The Gazette and become public knowledge. Banks regularly check The Gazette and will usually react by freezing your company’s bank account if they see a petition has been issued against you.

Banks take this approach to prevent you from withdrawing money from the account, as the bank could potentially become liable for this money if the company enters liquidation. Freezing your account can also prevent you from paying money in.

A Winding Up Petition is not the only reason a bank might freeze your account. Other less common reasons include:

  • A creditor has made a freezing order against you
  • You have breached your credit agreement with your bank
  • The company has entered into an insolvency procedure, such as voluntary liquidation

Worried about your Bounce Back Loan?

If you are a limited company director worried about how you are going to repay your Bounce Back Loan, we are here to help. As licensed insolvency practitioners we can talk you through your options when it comes to repaying your outstanding Bounce Back Loan, as well as handling all negotiations with creditors on your behalf. Call our team today on 0800 063 9262 .

What are the potential consequences of a frozen bank account?

A frozen bank account makes it all but impossible to trade. You won’t be able to access money to pay staff and suppliers or receive money from clients and customers. It can also cause the company to miss debt repayments, harming its credit rating and reducing your ability to access affordable credit in the future.

If the cause of the frozen bank account is a Winding Up Petition, the lack of access to company funds makes it difficult to challenge the petition or pay the money you owe. Even if the company is otherwise viable, a frozen bank account can be enough to tip the company into insolvency.

Without intervention, the court will make a Winding Up Order and your company will be forced into Compulsory Liquidation. The liquidator will sell the company’s assets for the benefit of its creditors and your business will be removed from the Companies House register.

What can you do if the bank freezes your company account?

Although you have limited options, there are still a few potential solutions available:

  • Pay the Winding Up Petition using your personal funds
  • Apply for a Validation Order to allow certain transactions into and out of your bank account
  • Negotiate a formal repayment agreement called a Company Voluntary Arrangement (CVA)
  • Close the company voluntarily using a Creditors’ Voluntary Liquidation (CVL)

Pay the Winding Up Petition

You can use your personal funds to repay the creditor who issued the Winding Up Petition. In this case, as long as no other supporting creditors have joined the petition, it will be dismissed. However, this is unlikely to be viable for larger amounts, for example, where you have substantial tax arrears.

Apply for a Validation Order

A Validation Order is a court order that allows certain transactions to go ahead so you can repay the petitioning creditor. It will only be granted in exceptional circ*mstances, such as where it can be proved that the company is solvent or where you are drawing up a Company Voluntary Arrangement (CVA). A Validation Order will only be granted if it is in the best interests of the company and its creditors.

The issue here is that a Validation Order is a costly process in itself, as a legal professional will have to present your case to the court. That makes it unsuitable for many companies that cannot access their accounts.

Negotiate a formal repayment agreement

If the company is viable, you can appoint an insolvency practitioner to negotiate a Company Voluntary Arrangement (CVA) on your behalf. If your creditors accept your proposal, the Winding Up Petition will be dismissed and your bank account will be unfrozen. You can then repay what you owe in monthly installments over a typical period of three to five years.

The risk is that when a creditor has had to resort to issuing a Winding Up Petition, they may not be confident in your ability to stick to the terms of the CVA.

Close the company voluntarily

If the company is no longer viable and there’s no realistic prospect of a recovery, you could choose to liquidate the company voluntarily using a Creditors’ Voluntary Liquidation.

It will bring an end to the business and reduce the risk of adverse consequences for you personally when compared to being liquidated by the court. The business’s assets will be sold for the benefit of your creditors and it will be struck off the Companies House register and will cease to exist as a legal entity.

Start your online liquidation today

If you have decided liquidation is the right option for your limited company, you can take the first step and begin the process online using our online portal. Starting the process is quick, simple, and can be done at a time that suits you. Your information will be submitted to your local UK Liquidators insolvency practitioner who will be with you every step of the way. Click here to start your company’s liquidation online.

My company bank account has been frozen - I need help

Time is of the essence, so seek help immediately. At UK Liquidators, our insolvency practitioners will discuss your situation with you and help you understand the options available. Call our expert team for immediate advice or arrange a free, no-obligation consultation at one of our 100+ offices throughout the UK.

My company bank account has been frozen: What should I do now? (2024)

FAQs

My company bank account has been frozen: What should I do now? ›

Account freezes are normally the result of a court order, though, in some cases, the financial institution itself may initiate them. Freezes typically occur when the account holder has unpaid debts to creditors or the government, or when suspicious activity has been detected in the account.

Why would a company bank account be frozen? ›

Account freezes are normally the result of a court order, though, in some cases, the financial institution itself may initiate them. Freezes typically occur when the account holder has unpaid debts to creditors or the government, or when suspicious activity has been detected in the account.

What are your rights if your bank account is frozen? ›

Ask the bank to lift the freeze if the account has funds exempt from garnishment under federal law. You can also ask the bank to waive or refund NSF fees that resulted from the freeze. If the bank doesn't release exempt funds, you'll most likely have to go to court to get access to them.

Can a creditor freeze my business bank account? ›

It typically occurs after a creditor obtains a court judgment against you for unpaid debts. Once the creditor has the court judgment, they can request a bank levy, where the bank is legally required to freeze your account and remit the specified amount to the creditor.

What is needed to unfreeze a bank account? ›

To unfreeze your bank account, you must contact your bank to figure out the issue and resolve the underlying problem, such as paying off debts or providing evidence of innocence. Unfreezing an account is at the bank's discretion and is not always guaranteed.

Can I withdraw money from a frozen account? ›

Having your bank account frozen means that you can't withdraw or transfer money from your account or make scheduled payments. However, you can still receive deposits. Not to worry, the funds in your frozen bank account remain, unless further action is required.

How long does it take to unfreeze a bank account? ›

For more complicated situations, the bank may request detailed information and take 30 days or more to review and decide whether to unfreeze or close the account entirely or release a portion of the funds to you—such as Social Security or other federal benefits.

How to withdraw money from a blocked account? ›

A court must approve and order any withdrawal of funds from a blocked account. The most common reason to petition a court to withdraw funds from a blocked account is to access a blocked account because the account was created for a minor who has subsequently turned 18.

Can you still get paid if your bank account is frozen? ›

Key Takeaways. You can still receive deposits into frozen bank accounts, but withdrawals and transfers are not permitted. Banks may freeze bank accounts if they suspect illegal activity such as money laundering, terrorist financing, or writing bad checks.

Can I sue if my bank won't release my money? ›

Holding your money and not giving it back when you ask isn't exactly fair. In California, the Unfair Competition Law also lets you sue to stop unfair business practices. And in Texas, the Deceptive Trade Practices Act does the same. Most states have similar laws.

Can a bank freeze your account without your permission? ›

In the case of fraud prevention or suspected illegal activity, the account may be frozen indefinitely while the bank investigates. In such cases, the length of the freeze may depend on the complexity of the case and legal requirements.

How to write a letter to bank manager to unfreeze my account? ›

For example, you might say something like "I am writing to request the unfreezing of my bank account, which was frozen due to an ongoing investigation." In the next paragraph, provide some background information on the situation.

Are US banks abruptly freezing accounts? ›

Customers are increasingly finding their accounts closed by banks eager to avoid regulatory scrutiny. According to a New York Times report by Ron Lieber, banks are proactively closing accounts without notice, leaving customers stranded without access to their funds, often for extended periods.

Can a business partner freeze a bank account? ›

When a business partner locks the other out of a joint bank account, it may be regarded as a breach of fiduciary duty or a violation of the partnership agreement. The aggrieved partner may seek legal recourse through civil litigation to enforce their rights and restore access to the account.

How long does it take for a bank account to unfreeze? ›

For simpler situations or misunderstandings, usually, your account is frozen for seven to ten days. Complicated situations may require detailed information from you before the bank decides on the next course of action: to unfreeze or close the account entirely. This decision could take 30 days or more.

What happens if your business bank account is closed? ›

If your business account is closed with remaining funds, the bank usually sends you a cheque for the remaining balance. If the bank hasn't contacted you, reach out to them. Unless there are suspicions of illegal activities, they should return your money.

Can the IRS freeze your business bank account? ›

If the financial institution finds an account linked to your business's EIN, they are required to place a freeze on all current funds up to the amount of the tax owed. Only funds that are present in the account on the date the financial institution processes the levy can be frozen.

Do banks unfreeze accounts? ›

In most cases, the customer must first resolve the issue that led to the freeze and then request the bank to unblock the account in order to be able to conduct financial transactions.

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