Liquidation
There are 3 types of liquidation
(i) Members Voluntary Liquidation
A Members Voluntary Liquidation MVL is a voluntary procedure to wind up the affairs of a solvent company.
Solvent, what does this mean?A company is capable of paying its liabilities in full plus statutory interest plus the costs involved in winding up, within 12 months.
When is the MVL procedure appropriate?When a solvent company has come to the end of its useful life and needs to be wound up. For example:-
- Shareholders want to retire and have a property within the company which they want to transfer into their personal names. i.e. a distribution in specie.
- Rationalisation of a group of companies involving transfer of assets, write off of inter-company loans and winding-up of subsidiaries.
(ii) Creditors Voluntary liquidation
Creditors Voluntary Liquidation CVL is the process where the directors of an insolvent company can voluntarily take steps to wind up the company. The directors call meetings of the companys shareholders and creditors to consider resolutions to wind up the company and to appoint a liquidator.
WHEN IS A CVL USEFUL?
When a company is insolvent and no longer has a viable business worth saving. For example:
A company which has insufficient sales to cover its overheads and cannot continue to trade.
Insolvent, what does this mean?
S123 IA86 sets out the definition of insolvency which includes:- Creditor(s) are owed more than 750 and have either served a 21 day demand which has not been met or judgment has been given or it is proved to the satisfaction of the Court that the company cannot pay its debts as they fall due, or the companys liabilities exceed its assets including contingent liabilities.
(iii) Compulsory liquidation
Compulsory Liquidation, usually referred to as Winding-Up, is the process to wind up an insolvent company through the courts.
Insolvent, what does this mean?
S123 IA 1986 sets out the definition of Insolvency:- Creditor(s) are owed more than 750 and have either served a 21 day demand which has not been met or judgment has been given or it is proved to the satisfaction of the Court that the company cannot pay its debts as they fall due or the companys liabilities exceed its assets including contingent liabilities.
WHEN CAN A COMPULSORY LIQUIDATION OCCUR?
Compulsory Liquidation Winding-up is a court procedure usually initiated by a creditor of the company when all other debt collection procedures have failed. When a company is insolvent and fails to pay its debts, creditors can take steps to wind up the company by issuing a petition to Court. The procedure can also be used by the directors and shareholders of an insolvent company. There are other parties who can petition including the Secretary of State, the Official Receiver and a Supervisor of a Company Voluntary Arrangement.
If you feel that liquidation is the most appropriate debt solution for your Company, pick up the phone and give us a call on 08000 842 844
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