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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 the directors but controlled by creditors, and it ends with the company being dissolved. A Members' Voluntary Liquidation (MVL) is only available to solvent companies where directors can make a statutory declaration of solvency, confirming the company can pay all debts within 12 months. MVL is often used for tax-efficient distribution of retained profits to shareholders before dissolution.
How much does it cost to appoint a company liquidator in Harwich?
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 straightforward CVL, many licensed practitioners offer fixed fees ranging from £2,500 to £5,000 plus VAT, but this can increase if there are legal disputes, unregistered assets, or complex tax issues. We provide a detailed written quote after a free initial review, with no hidden charges.
Can I still trade after my company has entered liquidation?
No. Once a liquidation order is made or a liquidator is appointed, directors immediately lose their powers to manage the company's affairs. The liquidator takes control of all company assets and bank accounts. You cannot trade, sell assets, or make payments except under the liquidator's express authority. Continuing to trade after liquidation could lead to personal liability for wrongful trading.
What happens to employees when a company is liquidated in Harwich?
When a company enters liquidation, all employees are automatically dismissed from the date of the liquidation order. The liquidator is responsible for settling employee claims, including unpaid wages, holiday pay, notice pay, and redundancy pay. These claims are preferential debts, meaning they are paid before unsecured creditors, but only up to statutory limits. Employees can also claim from the National Insurance Fund (via the Redundancy Payments Service) if the company has no funds.
Will I be personally liable for company debts after liquidation?
In most cases, no. Limited liability protects directors from personal responsibility for company debts, provided they have not acted wrongfully. However, personal liability can arise if you have given personal guarantees to lenders, taken illegal dividends, traded while insolvent (wrongful trading), or committed fraudulent activity. Our Harwich liquidators will review your conduct to ensure you have complied with your duties under the Companies Act 2006.
How long does the liquidation process take in Harwich?
A Creditors' Voluntary Liquidation typically takes between 6 and 12 months to complete, depending on how quickly assets can be sold and outstanding issues resolved. After the liquidator has realised assets, distributed funds to creditors, and filed final accounts with Companies House, the company is formally dissolved, which usually occurs three months after the final meeting. MVL can be quicker, often concluding within 6 months if no complications arise.
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