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Frequently asked questions
What is the difference between Creditors Voluntary Liquidation (CVL) and 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. It is initiated by directors but controlled by creditors, with a liquidator realising assets to repay creditors. A Members Voluntary Liquidation (MVL) is for solvent companies where directors wish to close the business, often for tax efficiency or retirement. In an MVL, members (shareholders) appoint a liquidator, and creditors are paid in full before any distribution to shareholders.
How much do company liquidators charge in Grantown-on-Spey?
Fees for company liquidation in Grantown-on-Spey vary based on the complexity of the case, the size of the company, and the number of creditors. Typically, a CVL for an insolvent company costs between £3,000 and £6,000 plus VAT, with disbursements. For an MVL, fees may range from £2,500 to £5,000. We provide a fixed-fee quote after a free initial consultation, ensuring no hidden costs. Our fees are subject to approval by creditors or shareholders, depending on the procedure.
Can directors be held personally liable for company debts during liquidation?
In most cases, directors are not personally liable for company debts if they have acted in good faith and complied with their statutory duties. However, personal liability can arise if there is evidence of wrongful trading, fraudulent trading, or misuse of company funds. Our liquidators investigate director conduct and will advise you on any potential risks. We help you prepare accurate financial records and demonstrate that you acted responsibly to minimise personal exposure.
What happens to employees when a company enters liquidation in Grantown-on-Spey?
When a company enters liquidation, employees are automatically dismissed from the date the liquidation order is made. The liquidator becomes responsible for settling employee claims, including unpaid wages, holiday pay, and redundancy pay. Employees may be eligible for payments from the National Insurance Fund (via the Redundancy Payments Service) if the company cannot afford to pay. Our team guides employees through the claims process and ensures their statutory entitlements are calculated correctly.
How long does the liquidation process take for a company in Grantown-on-Spey?
The duration of liquidation depends on the complexity of the company's affairs. A Creditors Voluntary Liquidation (CVL) typically takes between 6 to 12 months to complete, including the initial meeting of creditors, asset realisation, and final distribution. An MVL can be completed in as little as 3 to 6 months if the company is straightforward. However, if there are complex asset sales, legal disputes, or investigations, the process may extend. We provide a timeline estimate after reviewing your financial situation.
Can a company in Grantown-on-Spey continue trading during liquidation?
Once a liquidation order is made, the company ceases to trade immediately, except for actions necessary to preserve assets or complete essential contracts. The liquidator takes control of the company's affairs, and directors lose their powers. However, before liquidation is formally initiated, directors can continue trading while exploring rescue options or preparing for insolvency. We advise on the legal implications of trading while insolvent to avoid personal liability for wrongful trading.
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