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Frequently asked questions
What is a company liquidator and when do I need one in Saltcoats?
A company liquidator is a licensed insolvency practitioner who manages the winding-up of a company's affairs, selling assets, paying creditors, and dissolving the business. You need one in Saltcoats if your company is insolvent (unable to pay debts as they fall due), if you are facing a winding-up petition, or if you are closing a solvent company. We provide expert guidance for both compulsory and voluntary liquidations, ensuring legal compliance and protecting directors from personal liability.
What is the difference between Creditors Voluntary Liquidation (CVL) and compulsory liquidation?
Creditors Voluntary Liquidation (CVL) is initiated by the company's directors and shareholders when the company is insolvent, but they choose to wind up voluntarily. Compulsory liquidation is forced by a court order, usually after a creditor presents a winding-up petition. In a CVL, directors retain more control over the process and can appoint the liquidator of their choice. Compulsory liquidation removes control, and the Official Receiver or a court-appointed liquidator takes over. Our Saltcoats liquidators can help you decide which route is best.
Can I continue trading while my company is being liquidated?
No, once a company enters formal liquidation, the liquidator takes control of the business and trading must cease immediately, unless the liquidator decides to continue trading temporarily to sell assets or complete contracts. Continuing to trade while insolvent without seeking professional advice can lead to wrongful trading claims against directors. Our team in Saltcoats will advise you on the correct procedures to follow to avoid legal consequences and ensure a smooth transition.
How much does it cost to appoint a liquidator in Saltcoats?
The cost of liquidation in Saltcoats varies depending on the complexity of the company's affairs, the number of creditors, and the value of assets. We offer competitive fixed-fee structures for Creditors Voluntary Liquidations, often starting from around £4,000 plus VAT and disbursements. For compulsory liquidations, fees are set by the court. We provide a free, no-obligation quote after assessing your company's financial position, ensuring no hidden costs.
What are the duties of a director during liquidation in Saltcoats?
Directors have a duty to cooperate fully with the liquidator, providing all company records, financial statements, and explanations of transactions. They must not dispose of assets or conceal debts. Directors must also prepare a statement of affairs detailing the company's assets and liabilities. Failure to cooperate can result in personal liability, disqualification, or even criminal prosecution. Our liquidators guide directors through these duties, helping them avoid common pitfalls.
Can I liquidate a solvent company in Saltcoats?
Yes, if your company is solvent (able to pay all debts in full), you can use a Members' Voluntary Liquidation (MVL) to wind up the business tax-efficiently. This is often used for extracting retained profits as capital gains rather than income tax. Our licensed liquidators in Saltcoats specialise in MVLs, ensuring a swift and compliant process that maximises tax benefits for shareholders. We provide a straightforward service with clear advice on eligibility.
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