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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. The directors appoint a liquidator to wind up the company, and creditors oversee the process. A members voluntary liquidation (MVL) is used for solvent companies where shareholders decide to close the business, often for tax efficiency or retirement. In an MVL, the directors must swear a statutory declaration of solvency, and the liquidator distributes assets to shareholders after paying all debts.
How much does it cost to appoint a company liquidator in Brockham?
The cost of liquidation varies depending on the complexity of the company's affairs, the number of assets, and the level of creditor involvement. For a CVL, fees are typically based on a fixed fee or a percentage of realisations, and are often paid from company assets. For an MVL, fees are usually agreed upfront. We provide a free, no-obligation quote after reviewing your company's financial position, so you know the exact costs before proceeding.
Can I continue trading while the company is being liquidated?
Once a liquidator is appointed, they take control of the company and the directors' powers cease. However, in certain circumstances, the liquidator may allow the directors to continue trading for a short period to complete existing contracts or sell stock, but only under the liquidator's supervision. It is illegal to trade while insolvent without seeking professional advice, as this can lead to personal liability for wrongful trading.
What happens to employees if their company goes into liquidation?
When a company enters liquidation, employees are automatically dismissed. The liquidator will provide the necessary documentation for employees to claim redundancy pay, unpaid wages, holiday pay, and other entitlements from the National Insurance Fund. The liquidator also assists with any claims for preferential payments. Our team ensures that all employee rights are handled correctly and promptly.
Can a director be personally liable for company debts after liquidation?
Generally, directors are not personally liable for company debts if they have acted in good faith and within the law. However, if there has been wrongful trading, fraudulent trading, or a breach of fiduciary duty, the liquidator can apply to the court to make directors personally responsible for some or all of the company's debts. Seeking early professional advice helps protect your position.
How long does the liquidation process take in Brockham?
A CVL typically takes between 6 and 12 months to complete, depending on the complexity of the case and the time needed to sell assets and settle claims. An MVL can be completed more quickly, often within 3 to 6 months. The liquidator must file final accounts with Companies House, and the company is formally dissolved after that. Our team works efficiently to conclude matters as quickly as possible.
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