Aug 26, 2022
3 mins read
When do businesses go into liquidation?
Liquidation can be broken down into three categories:
To initiate a compulsory winding up, a creditor must file a petition with the court asking for the company to be dissolved. The Official Receiver will be in charge of a Compulsory Winding Up at first, but that role may be delegated to a Licensed Insolvency Practitioner later on.
If a company's directors elect to put the business into liquidation because of financial difficulties, this is known as a Creditors Voluntary Liquidation.
If a corporation has served its purpose or is no longer needed, its members may decide to dissolve it by filing for members' voluntary liquidation.
Commonly known as "creditors' voluntary liquidation," this article examines this type of liquidation.
Setting up a Shareholders' and Creditors' Meeting
Once this decision has been made, the business is often shut down and put into a state of virtual dormancy until a liquidator can be appointed. All creditors, employees, and shareholders will be notified of a meeting date and time, typically within 18 days of the day on which the notice is given.
A resolution to appoint a liquidator is on the agenda for the shareholders' meeting. The company will be in liquidation after this resolution is passed, but the salvage liquidation stores near you will have few rights.
Shortly after the shareholder meeting, a meeting of creditors is called at which a report explaining the reasons for the liquidation is provided. The creditors then decide whether or not they agree with the liquidator selected by the shareholders or want to appoint their own. There will be a question-and-answer session for creditors at this meeting.
In the wake of the bankruptcy
The liquidator's responsibilities once the company has entered liquidation are as follows.
Put everything up for auction and try to collect all you can on your obligations.
Address any disputes that may arise over the company's property, such as reservations of title.
Please look into the company's operations and make a report on the board of directors' behavior.
agree with the assertions made by creditors regarding the amount of debt
Pay out the company's debtors with the proceeds from the asset sale.
Put an end to the liquidation process and dissolve the corporation.
Chartered Accountants and Insolvency Experts, Totality Solutions Limited. Totality Solutions is dedicated to offering top-notch service and takes great satisfaction in the fact that the advice it gives its customers is always spot-on, objective, and practical.
Some Smart Facts About Liquidation
Liquidation is a term that has been heard by many but whose entire significance is often not grasped until one is really a part of the process. The term "liquidation" refers to the procedure through which a person or business converts its assets into cash to use toward reducing or eliminating its debts.
Below are summaries of the three most typical types of liquidation. The first form is referred to as a "members voluntary liquidation," and it occurs when a company's actual shareholders or partners have unanimously agreed to liquidate the company's assets to pay off outstanding debt, and the value of those assets is more than the value of the debt.
The second form of liquidation is known as a "creditors voluntary liquidation," and it is similar to a member's voluntary liquidation in that it was approved by all of the company's shareholders or partners, with the exception that the value of the assets being liquidated does not meet or exceed the value of the debt being settled.
Compulsory liquidation is a third category of liquidation, initiated when a court mandates the procedure as a means of resolving outstanding obligations.
The first step in any of these three liquidation processes is for the firm to cease operations and pass over management of the corporation to a "receiver" or receivers, who will then send out notices to the company's creditors and shareholders. An organization may choose to enter liquidation for a variety of reasons, and this does not always spell the end of operations.