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Simple steps to liquidate your company

Simple steps to liquidate your company

If your company is insolvent, before making the decision to stop trading and liquidate consider all of the rescue options available. However if closure is the only way forward, then appointing the right liquidator to protect the interests of the directors is important.

Simple steps to liquidate your company

Liquidation is used to close a company for good. The process is quite simple, but it is important these are followed to protects the interests of the directors of the company.

To start the liquidation process, it is necessary for company directors to employ the services of an insolvency practitioner. They are likely to charge at a minimum around GBP5000 for the liquidation including the required advertising costs. If the company is insolvent then this will have to be paid for by the directors.

Where the company is insolvent the first job for the insolvency practitioner to do will be to call a creditors meeting to appoint a liquidator. Usually the creditors will appoint the liquidator suggested by the directors. If the company's bank is a major creditor they may suggest the appointment must come from their approved panel.

What about just leaving the company for my creditors to wind up?

Given the cost of liquidation, a common question is whether it would not be better just to leave the company and wait for one of the creditors to take action to wind it up.

The major issue with this is that the directors will have no control over the appointment of the liquidator.

Once appointed, over and above the sale of the company's assets the liquidator is required to carry out an investigation of the conduct of the company directors and report this to the insolvency service.

If a hostile creditor is left to appoint the liquidator, it is likely that they believe that the directors have been involved in trading the company when it was insolvent. They will want the liquidator to confirm this and accuse the directors of wrongful trading.

If a director is found to have knowledgeably allowed a company to trade while insolvent, they could be made liable for the company's debts and stopped from acting in the capacity of a director of other firms in the future.

If the directors have recommended the liquidators appointment, this is far less likely to happen.

Alternatives to liquidation

Before making the decision to close an insolvent company, the directors should consider whether there may be a better alternative which will allow the business to continue to trade profitably.

The two solutions most commonly considered are a company voluntary arrangement (CVA) and pre pack administration. Both of these solutions will considerably reduce or write off the company's debts altogether.

Such action together with the possibility of refocusing the company's strategy often allows the business to remain open saving jobs and protecting value for the shareholders.

If your company is insolvent, before making the decision to stop trading, it is first important to consider all of the rescue options available. However, if closure is the only way forwardFree Articles, then appointing the right liquidator to protect the interests of the directors is extremely important to reduce their potential liability for the company's debts.

Article Tags: Simple Steps, Company's Debts

Source: Free Articles from ArticlesFactory.com

ABOUT THE AUTHOR


Simple steps to liquidate your company

If your business is in financial difficulty why not talk to us about alternative solutions, more info at http://www.company-debt.co.uk/voluntary-liquidation.html

Derek Cooper is Managing Director of Cooper Matthews Limited

Cooper Matthews specialise in Business Debt Rescue providing straight forward insolvency advice for businesses in difficulty and business owners with personal financial problems. They have significant experience in working with small to medium sized businesses, working with Directors, Sole Traders and Self Employed.



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