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Frequently asked questions
What is the difference between a Creditors Voluntary Liquidation (CVL) and a compulsory liquidation in Hadleigh?
A Creditors Voluntary Liquidation (CVL) is initiated by the company's directors when the company is insolvent, and they choose to place it into liquidation voluntarily. A compulsory liquidation is a court-ordered process, usually triggered by a creditor petition. In a CVL, the directors appoint a licensed insolvency practitioner, whereas in a compulsory liquidation, the court appoints the Official Receiver. The CVL gives directors more control and is often less costly and stressful.
Can I still trade if my company is in liquidation?
No, once a company enters liquidation, the liquidator takes control of all business assets and affairs. The company ceases trading immediately, except for actions that are necessary to preserve value or complete the liquidation process. Directors must not incur new debts after the liquidation order is made, as this could lead to personal liability for wrongful trading.
What are the legal duties of directors when a company becomes insolvent in Hadleigh?
Directors have a duty to act in the best interests of creditors once insolvency is apparent. This includes avoiding wrongful trading, keeping accurate financial records, and not giving preferential treatment to certain creditors. Directors must also cooperate with the liquidator and provide all necessary information. Failure to comply can result in personal liability, disqualification, or even criminal prosecution.
How much does it cost to appoint a company liquidator in Hadleigh?
The cost of a Creditors Voluntary Liquidation typically ranges from £4,000 to £8,000 plus VAT, depending on the complexity of the company's affairs. At Company Liquidators Hadleigh, we offer fixed-fee quotes with no hidden charges. The fee is paid from company assets, and if there are insufficient assets, directors may need to contribute personally, but we will always discuss this upfront in a free consultation.
Can I keep my job or start a new business after my company is liquidated?
Yes, you can start a new business after liquidation, but you must not use the same or a similar company name that suggests a connection with the old company, unless you obtain permission from the court or follow the 'phoenix' rules. This restriction applies for five years. You are also free to work as an employee elsewhere. We recommend seeking legal advice before reusing any branding.
What happens to employees' redundancy pay when a company is liquidated?
Employees who are made redundant due to liquidation can claim statutory redundancy pay, unpaid wages, holiday pay, and notice pay from the National Insurance Fund (via the Redundancy Payments Service). The liquidator provides each employee with a form (RP1) to submit. Our team assists employees in completing these claims and ensures they understand their entitlements under UK employment law.
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