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Frequently asked questions
What is the difference between Creditors Voluntary Liquidation (CVL) and Members Voluntary Liquidation (MVL)?
CVL is used for insolvent companies where liabilities exceed assets and the company cannot pay its debts. MVL is for solvent companies where directors can make a statutory declaration of solvency, meaning the company can pay all debts in full within 12 months. In Bo'ness, our licensed liquidators guide you through both processes, ensuring the correct procedure is followed for your specific financial situation.
How much does it cost to liquidate a company in Bo'ness?
Liquidation costs vary based on the complexity of the case, the number of creditors, and the company's asset structure. For a CVL, fees are typically paid from the company's assets, but if there are insufficient assets, directors may need to fund the process. We offer transparent, fixed-fee quotes after a free initial consultation, so you know the exact costs upfront with no hidden charges.
Can I continue to trade if my company is in liquidation?
No, once a liquidation order is made or a CVL is approved by creditors, the company ceases trading immediately. The appointed liquidator takes control of the company's affairs, and directors lose their powers. However, the liquidator may continue trading for a short period if it is necessary to maximise asset value or complete work in progress, but this is at the liquidator's discretion.
What happens to employees when a company goes into liquidation in Bo'ness?
Employees are automatically made redundant when a liquidation begins. The liquidator is responsible for notifying employees and ensuring they receive their statutory redundancy pay, unpaid wages, holiday pay, and other entitlements. Claims can be made to the National Insurance Fund (RPS) for these statutory payments. Our team helps employees understand their rights and completes the necessary paperwork.
Are directors personally liable for company debts after liquidation?
Generally, directors are not personally liable for company debts if they have acted in good faith and complied with their duties. However, if wrongful trading, fraudulent trading, or misfeasance is found, directors can be held personally liable. The liquidator investigates director conduct and may pursue claims for recovery of funds. We advise directors on how to avoid personal liability before and during liquidation.
How long does a company liquidation take in Bo'ness?
The duration depends on the complexity of the case. A straightforward CVL with few assets and creditors can be completed in 3 to 6 months, while a more complex liquidation with property, litigation, or multiple creditors may take 12 to 18 months or longer. The liquidator must also deal with HMRC investigations, which can extend the timeline. We provide realistic timescales after reviewing your company's affairs.
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