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Frequently asked questions
What is the difference between a Members' Voluntary Liquidation (MVL) and a Creditors' Voluntary Liquidation (CVL)?
An MVL is used for a solvent company where directors swear a declaration of solvency, confirming the company can pay its debts in full within a set period. It is often used for tax-efficient extraction of retained profits. A CVL is for an insolvent company that cannot pay its debts, where a liquidator is appointed to realize assets and distribute proceeds to creditors fairly. The choice depends on your company's financial status and goals.
How long does the liquidation process take in Suton?
The duration varies based on complexity. For a straightforward CVL, the process typically takes 6 to 12 months, while an MVL can be completed in as little as 3 to 6 months. However, cases involving complex asset sales, litigation, or disputes may take longer. Your liquidator will provide a realistic timeline after reviewing your company's situation.
Can a company continue trading during liquidation?
Once a liquidation order is made or a resolution is passed, the liquidator takes control, and the directors' powers cease. Trading is generally not permitted except for the purpose of winding up the company's affairs, such as completing existing contracts or selling stock. The liquidator will decide whether any limited trading is beneficial to maximize creditor returns.
What are the legal duties of directors when their company is insolvent?
Directors must act in the interests of creditors rather than shareholders once insolvency is apparent. This includes avoiding wrongful trading, not taking preferential payments, and providing full disclosure of company finances. Failure to comply can lead to personal liability, disqualification, or even criminal penalties. Professional advice from a licensed liquidator is crucial to navigate these duties.
Will employees be paid if the company goes into liquidation?
Employees are entitled to claim certain arrears of wages, holiday pay, and redundancy payments from the National Insurance Fund, subject to statutory caps. The liquidator will assist employees in making these claims and will also prioritize preferential payments for unpaid wages up to a limit. However, secured creditors and liquidation expenses may take precedence over unsecured claims.
How much does it cost to hire a company liquidator in Suton?
Liquidation costs vary based on the complexity of the case and the size of the company. For a CVL, fees are often based on a percentage of assets realized or an hourly rate, but many firms offer fixed fees for straightforward cases. An MVL typically has a fixed fee starting around £1,500 to £3,000 plus disbursements. Always obtain a clear written quote before appointing a liquidator.
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