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Coman And Co Ltd
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Taxaccolega Chartered Accountants & Tax Advisers
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Cruse+Burke
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Owadally & Kings Partnership
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Cruse + Burke
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Abu Umar & Co.
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Future Formations Ltd
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EFJ CONSULTING LTD
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Earne
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Central London Accountants
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London Accountants
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Cheap - Accountants
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Frequently asked questions
What is the difference between a creditors voluntary liquidation (CVL) and a members voluntary liquidation (MVL)?
A creditors voluntary liquidation (CVL) is used when a company is insolvent and cannot pay its debts as they fall due. The directors appoint a licensed insolvency practitioner to wind up the company's affairs and realise assets for the benefit of creditors. A members voluntary liquidation (MVL) is used when a company is solvent and directors wish to close it down, often for tax efficiency. In an MVL, the directors make a statutory declaration of solvency, and the company's assets are distributed to shareholders after all liabilities are settled.
What are the legal duties of directors when a company is insolvent in Beckenham?
Directors of an insolvent company have a legal duty to act in the best interests of creditors, not shareholders. They must avoid wrongful trading, which means continuing to trade when they know or should know that the company cannot avoid insolvent liquidation. Directors should seek professional advice immediately, review the company's financial position, and consider options such as CVL, administration, or a company voluntary arrangement (CVA). Failure to fulfil these duties can lead to personal liability, disqualification, or even criminal prosecution.
How much does company liquidation cost in Beckenham?
The cost of liquidation in Beckenham varies depending on the complexity of the case, the size of the company, and the chosen procedure. For a creditors voluntary liquidation (CVL), fees typically range from £3,000 to £7,000 plus VAT, but this can be higher for larger or more complex insolvencies. The liquidator's fee is paid from the company's assets, and in some cases, the director may need to fund the process if assets are insufficient. Always obtain a clear, fixed-fee quote before appointing a liquidator.
Can I keep trading if my company is insolvent?
If your company is insolvent, you can continue trading only if doing so does not worsen the position of creditors. Continuing to incur debts that you cannot pay may constitute wrongful trading, which can result in personal liability for those debts. The safest course is to seek immediate professional advice from a licensed insolvency practitioner. They can help you assess whether there is a viable rescue plan, such as a CVA, or whether liquidation is the appropriate step to protect creditors and avoid legal consequences.
What happens to employees when a company goes into liquidation?
When a company enters liquidation, employees are automatically dismissed from the date the liquidation order is made. The liquidator is responsible for ensuring that employees receive their statutory entitlements, including unpaid wages, holiday pay, and redundancy pay. These claims are preferential debts and are paid from the company's assets, but if funds are insufficient, employees can claim certain payments from the National Insurance Fund (via the Redundancy Payments Service). The liquidator will provide guidance on this process.
Can a director be personally liable for company debts after liquidation?
In most cases, directors of a limited company are not personally liable for company debts, as the company is a separate legal entity. However, personal liability can arise if a director has given a personal guarantee for a business loan or lease, or if they have engaged in wrongful trading, fraudulent trading, or misappropriation of company assets. The liquidator can pursue directors for recovery of funds in such cases. Seeking early professional advice can help mitigate these risks and ensure proper conduct throughout the liquidation process.
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