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Frequently asked questions
What is the difference between a creditors voluntary liquidation (CVL) and a members voluntary liquidation (MVL) inverness?
A CVL is used when a company is insolvent and cannot pay its debts. The directors call a meeting of shareholders to pass a resolution to wind up the company, then a meeting of creditors is held to approve the appointment of a liquidator. An MVL is for solvent companies where shareholders decide to close the business, often for retirement or restructuring. In an MVL, directors must make a statutory declaration of solvency, and the liquidator distributes assets to shareholders after settling all liabilities.
How much do company liquidators charge inverness?
Fees vary depending on the complexity of the liquidation, the size of the company, and the amount of work required. For a CVL, fees typically range from £3,000 to £6,000 plus VAT, but many firms offer a fixed fee for straightforward cases. In an MVL, fees are often based on time and complexity, starting around £2,500. Always ask for a detailed quote upfront, and note that in a CVL, the liquidator's fees are paid from the company's assets, not directly from the directors' pockets.
Can I keep trading if I appoint a liquidator inverness?
No, once a liquidator is formally appointed, their control over the company begins, and trading must cease immediately except for actions necessary to preserve assets or complete the liquidation. Continuing to trade after insolvency can lead to personal liability for wrongful trading. However, before appointment, you can seek advice and continue trading if it is in the best interests of creditors, but you should always consult an insolvency practitioner first.
What happens to employees when a company goes into liquidation inverness?
When a company enters liquidation, employees are automatically dismissed from the date the liquidator is appointed. The liquidator is responsible for ensuring employees receive their statutory redundancy pay, unpaid wages, holiday pay, and notice pay. These claims are preferential debts and are paid from the company's assets, or through the National Insurance Fund (via the Redundancy Payments Service) if assets are insufficient. The liquidator will provide employees with the necessary forms to claim.
Are directors personally liable for company debts after liquidation inverness?
Generally, no, if the company is a limited liability entity and directors have not acted improperly. The liquidator will investigate the conduct of directors and can pursue claims for wrongful trading, fraudulent trading, or misfeasance if they find evidence of misconduct. Directors can also be personally liable for certain taxes (e.g., VAT or PAYE) if they were collected but not paid to HMRC, or if they gave personal guarantees for loans. Taking early advice can help avoid these risks.
How long does a company liquidation take inverness?
The duration varies. A CVL typically takes 6 to 12 months to complete, depending on the complexity of the asset realisation and creditor claims. An MVL can be quicker, often closing within 3 to 6 months if the company has straightforward assets and no disputes. Compulsory liquidation (court-ordered) may take longer due to legal procedures. Your liquidator will provide a timeline after assessing your specific case.
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