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Frequently asked questions
What is the role of a company liquidator in Halesowen?
A licensed insolvency practitioner acts as the liquidator to wind up a company's affairs. They take control of the company's assets, sell them for the best possible price, investigate the directors' conduct, and distribute the proceeds to creditors in the legal order of priority. They also handle all statutory filings, including the final accounts to Companies House, and ensure the company is formally dissolved.
When should a director consider placing their Halesowen company into liquidation?
Directors should consider liquidation when the company is insolvent, meaning it cannot pay its debts as they fall due, or its liabilities exceed its assets. Key triggers include receiving statutory demands, winding-up petitions, county court judgments, or when HMRC is pursuing enforcement. It is crucial to seek advice immediately to avoid wrongful trading and personal liability.
What is the difference between Creditors' Voluntary Liquidation (CVL) and Compulsory Liquidation?
A CVL is a voluntary process initiated by the directors and shareholders when they decide the company cannot continue. They appoint a liquidator. Compulsory liquidation is a court order, usually following a creditor's winding-up petition. In a CVL, the directors retain more control over the process, whereas in compulsory liquidation, the court appoints the Official Receiver initially.
Can a director be personally liable for company debts after liquidation?
Generally, no, as limited liability protects directors. However, personal liability can arise if directors have given personal guarantees, or if they have engaged in fraudulent or wrongful trading. The liquidator can also pursue directors for misfeasance or recovery of assets sold at undervalue. Seeking early professional advice helps mitigate these risks.
How much does it cost to appoint a company liquidator in Halesowen?
Liquidation costs vary depending on the complexity and size of the company. Most licensed insolvency practitioners offer a fixed fee for a standard CVL, which covers the statutory work. The fee is typically paid from the company's assets, but if there are insufficient assets, the directors may need to fund the process. Always request a clear, written quote before engaging.
What happens to employees when a company in Halesowen goes into liquidation?
When a company enters liquidation, employees are automatically dismissed from the date the liquidation order is made or the resolution is passed. They become preferential creditors for unpaid wages, holiday pay, and pension contributions. They may also be able to claim certain statutory payments from the National Insurance Fund, such as redundancy pay, through the Redundancy Payments Service.
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