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Frequently asked questions
What is the role of a company liquidator in Billingshurst?
A company liquidator in Billingshurst is a licensed insolvency practitioner who takes control of a company that is being closed down. Their role is to sell the company's assets, settle outstanding debts with creditors, and distribute any remaining funds to shareholders. They also handle all legal paperwork, investigate the company's financial affairs, and ensure that the liquidation process is carried out in accordance with the Insolvency Act 1986. They act as a neutral third party, protecting the interests of both creditors and directors.
What is the difference between Creditors Voluntary Liquidation (CVL) and Members Voluntary Liquidation (MVL)?
Creditors Voluntary Liquidation (CVL) is used when a company is insolvent, meaning it cannot pay its debts as they fall due. The liquidator sells assets to repay creditors, and the company is dissolved. Members Voluntary Liquidation (MVL) is for solvent companies where directors and shareholders decide to close the business. An MVL allows for a tax-efficient distribution of retained profits and is often used for companies that are no longer needed or when owners are retiring. The key difference is solvency: CVL for insolvent, MVL for solvent companies.
How much does it cost to appoint a liquidator in Billingshurst?
The cost of liquidation varies depending on the complexity of the company's affairs and the type of liquidation required. For a Creditors Voluntary Liquidation (CVL), fees typically range from £3,000 to £6,000 plus VAT, but this can be higher if the company has complex assets or many creditors. For a Members Voluntary Liquidation (MVL), fees are often lower, starting around £2,500. We provide a fixed-fee quote after an initial free consultation, so you know the costs upfront with no hidden charges.
Can a director be personally liable for company debts during liquidation?
In most cases, directors are not personally liable for company debts because a limited company is a separate legal entity. However, personal liability can arise if you have given a personal guarantee for a business loan or overdraft. Additionally, if you have continued trading while insolvent and worsened the company's position, you could face claims for wrongful trading. If you have acted fraudulently or misused company funds, you may be held personally accountable. A liquidator will investigate your conduct, but acting early and seeking professional advice can protect you.
How long does the liquidation process take in Billingshurst?
A Creditors Voluntary Liquidation (CVL) typically takes between 6 and 12 months to complete, depending on how quickly assets can be sold and any disputes resolved. The liquidator must file a final report to Companies House, and the company is usually dissolved after that. A Members Voluntary Liquidation (MVL) can be completed in as little as 3 to 6 months if the company's affairs are straightforward. The exact timeline depends on the complexity of your financial situation, but we always aim to conclude matters as quickly as possible.
What happens to employees when a company goes into liquidation?
When a company enters liquidation, all employees are automatically made redundant from the date the liquidation order is made. The liquidator becomes responsible for the company's assets and will pay employees any outstanding wages, holiday pay, and redundancy entitlements, but only up to the statutory limits set by the government. If there are insufficient funds, employees can claim certain payments from the National Insurance Fund via the Redundancy Payments Service. The liquidator will provide each employee with the necessary claim forms and guidance on how to apply.
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