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Frequently asked questions
What is the primary role of a company liquidator in Clydebank?
The primary role of a licensed company liquidator in Clydebank is to act as an independent agent to wind up a company's affairs. This involves realising assets, settling valid creditor claims in the statutory order, investigating the causes of insolvency, and formally dissolving the company from the Companies House register. They ensure the process is legally compliant, transparent, and fair for all parties involved.
What is the difference between a CVL and an MVL?
A Creditors Voluntary Liquidation (CVL) is used for an insolvent company that cannot pay its debts, where the directors initiate the process to protect the business from compulsory winding up. A Members Voluntary Liquidation (MVL) is for a solvent company, typically used by directors to extract retained profits as capital gains rather than income tax, providing a tax-efficient exit strategy.
How much do company liquidators charge in Clydebank?
Fees vary depending on the complexity of the case, asset size, and number of creditors. However, many reputable Clydebank firms offer a fixed fee for a standard Creditors Voluntary Liquidation (CVL). This fee usually covers all statutory costs, including the liquidator's time, legal advertising, and Companies House filings. Always request a written quote before engaging any service.
Can I keep trading if my Clydebank company is insolvent?
Trading while insolvent can lead to personal liability for wrongful trading if the company continues to incur debts without a reasonable prospect of recovery. Directors must act in the best interests of creditors. It is crucial to seek immediate professional advice from a licensed liquidator to assess viability and avoid breaching fiduciary duties.
What happens to employees when a Clydebank company goes into liquidation?
When a company enters Creditors Voluntary Liquidation (CVL), the liquidator is responsible for making employees redundant. Employees are preferential creditors for certain claims, including unpaid wages (up to a statutory cap) and holiday pay. They can also claim redundancy pay and notice pay from the National Insurance Fund via the Redundancy Payments Service, which the liquidator will guide them through.
How long does the company liquidation process take in Clydebank?
The formal liquidation process typically takes between 6 to 12 months to complete. This timeframe covers the initial meeting of creditors, asset realisation, distribution of funds, and the final dissolution of the company. However, the timeline can extend if there are complex asset sales, litigation, or if the company's records are incomplete. A liquidator will provide a realistic schedule after the initial review.
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