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Frequently asked questions
What is the difference between solvent and insolvent liquidation in Oxshott?
Solvent liquidation, known as Members' Voluntary Liquidation (MVL), is used when a company can pay all its debts in full within 12 months. It is often chosen for tax efficiency when extracting retained profits. Insolvent liquidation, typically a Creditors' Voluntary Liquidation (CVL), is for companies that cannot pay their debts. In a CVL, a licensed insolvency practitioner takes control to sell assets and distribute proceeds to creditors, and the company is then dissolved.
How much do company liquidators in Oxshott charge?
Fees vary based on the complexity of the liquidation, the size of the company, and the amount of asset realisation required. Most Oxshott liquidators offer fixed-fee packages for straightforward CVLs, which can range from £3,000 to £6,000 plus VAT, but this depends on the case. Always request a detailed written quote before engaging a liquidator to ensure there are no hidden costs.
Can I continue trading while my company is in liquidation?
Once a winding-up order is made or a CVL is approved, the directors' powers cease, and the liquidator takes over. You cannot continue trading normally. However, the liquidator may allow limited trading to complete existing contracts or sell stock, but only under their supervision. If you trade while insolvent before liquidation, you risk personal liability for wrongful trading.
What happens to employees when a company in Oxshott goes into liquidation?
Employees are automatically made redundant when a company enters liquidation, as the liquidator terminates their employment contracts. They may be able to claim statutory redundancy pay, unpaid wages, holiday pay, and notice pay from the National Insurance Fund through the Redundancy Payments Service. The liquidator will provide the necessary forms and guidance to affected employees.
Can a director face personal liability for company debts in Oxshott?
Directors are generally not personally liable for company debts, as limited liability protects them. However, personal liability can arise if you have given personal guarantees, traded wrongfully or fraudulently, or misused company funds. A licensed liquidator will investigate your conduct and report any irregularities to the Insolvency Service, which could lead to disqualification or personal asset claims.
How long does the liquidation process take in Oxshott?
A straightforward CVL typically completes within 6 to 12 months, depending on how quickly assets can be sold and creditor claims resolved. MVLs can be faster, often concluding in 3 to 6 months if no complications arise. The liquidator must file final accounts and a notice of dissolution with Companies House, after which the company is formally struck off the register.
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