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Frequently asked questions
What is the difference between solvent and insolvent liquidation?
Solvent liquidation, also known as members' voluntary liquidation, occurs when a company is financially healthy but directors or shareholders decide to close it. Insolvent liquidation, or creditors' voluntary liquidation, happens when a company cannot pay its debts, and creditors are involved in the process. Our liquidators assess your financial position to recommend the appropriate path.
How long does the liquidation process take in Linwood?
The duration varies depending on the complexity of the company's affairs. A straightforward solvent liquidation can be completed in 3-6 months, while an insolvent liquidation may take 6-12 months or longer if there are disputes or asset recovery issues. We provide a timeline estimate after reviewing your case.
What are the costs involved in hiring a liquidator?
Costs depend on the size of the company, the number of creditors, and the complexity of the liquidation. We offer fixed-fee options for simple solvent liquidations and hourly rates for more complex cases. During your initial consultation, we provide a transparent quote with no hidden charges.
Can a director apply for liquidation without creditor approval?
Yes, directors can initiate a creditors' voluntary liquidation by passing a resolution and appointing a liquidator. However, creditors must be notified and given the opportunity to vote on the appointment at a meeting. Our team guides you through the legal requirements to ensure compliance.
What happens to employee entitlements during liquidation?
Employee entitlements such as wages, holiday pay, and redundancy compensation are considered preferential claims. They are paid from the company's available assets before unsecured creditors. If assets are insufficient, employees may be eligible for government assistance through the Employee Protection Fund.
Can we trade during liquidation to sell the business as a going concern?
Yes, in some cases, a liquidator may continue trading temporarily to preserve the business's value and facilitate a sale as a going concern. This can result in better returns for creditors and preserve jobs. We assess the viability of this option early in the process and advise accordingly.
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