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Frequently asked questions
What is the difference between a solvent and an insolvent liquidation in Queensferry?
A solvent liquidation, known as a Members' Voluntary Liquidation (MVL), is used when a company is financially healthy and directors wish to close it, often for retirement or restructuring. An 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 realise assets and distribute funds to creditors fairly, while investigating the directors' conduct.
How much do company liquidators in Queensferry charge for their services?
Fees vary based on the complexity of the liquidation, the company's asset base, and the number of creditors. For a straightforward CVL, many firms offer a fixed fee, which often ranges from £4,000 to £8,000 plus VAT, but this can be higher if there are complex asset sales or legal issues. Always request a detailed written quote before engaging a liquidator, and be wary of hidden costs. We provide transparent, fixed-fee proposals after a free initial consultation.
Can I continue trading after appointing a liquidator in Queensferry?
Once a liquidator is formally appointed, they take control of the company. Directors lose their powers to make decisions about trading, selling assets, or paying creditors. The liquidator's role is to wind down the company's affairs, which may involve ceasing trading immediately or, in rare cases, continuing briefly to sell stock or complete contracts for the benefit of creditors. You must not trade after the liquidation process begins without the liquidator's explicit permission.
What are the legal duties of a director during a liquidation in Queensferry?
Directors have a legal duty to cooperate fully with the liquidator. This includes providing all company books, records, and financial statements, disclosing all assets and liabilities, and attending meetings when required. You must also avoid wrongful trading – continuing to trade when you know the company cannot avoid insolvency. Failure to cooperate or evidence of fraudulent activity can lead to personal liability, director disqualification, or even criminal prosecution.
Will I be personally liable for company debts after liquidation in Queensferry?
Generally, no. The primary benefit of a limited company is that directors are not personally liable for company debts, provided they have not given personal guarantees, acted fraudulently, or engaged in wrongful trading. However, if you have signed personal guarantees for business loans or leases, the lender can pursue you personally. Also, if HMRC or other creditors believe you misused funds, they can seek a contribution from your personal assets.
How long does the liquidation process take in Queensferry?
A Creditors' Voluntary Liquidation typically takes between 6 to 12 months to complete, depending on the complexity of realising assets and resolving creditor claims. A solvent Members' Voluntary Liquidation can be faster, often concluding within 3 to 6 months if the company's affairs are straightforward. The process includes a statutory meeting of shareholders, appointment of the liquidator, asset disposal, creditor distributions, and final dissolution of the company.
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