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Frequently asked questions
What is the difference between creditors voluntary liquidation and compulsory liquidation in Thames?
Creditors voluntary liquidation (CVL) is initiated by the company's directors when it becomes insolvent, and a meeting of shareholders and creditors is held to approve the liquidation. Compulsory liquidation, on the other hand, is forced by a court order, usually after a creditor petitions for winding up. In Thames, our liquidators can guide you through both processes, explaining the implications for directors, creditors, and employees, and helping you choose the most suitable path based on your circumstances.
Can a company in Thames be liquidated if it is solvent?
Yes, a solvent company can be closed through a members' voluntary liquidation (MVL) if it has sufficient assets to pay all debts in full. This is often used for tax efficiency when directors wish to extract retained profits as capital rather than income. Our Thames liquidators will assess your financial position and, if you qualify, manage the MVL process, including distributing assets to shareholders and striking off the company.
What are the legal duties of directors during liquidation in Thames?
Directors have a duty to act in the best interests of creditors once insolvency is apparent. This includes avoiding wrongful trading, not preferring certain creditors, and providing full disclosure of company affairs. During liquidation in Thames, our team will advise you on these responsibilities, help you prepare a statement of affairs, and ensure you cooperate with the liquidator to avoid personal liability or disqualification.
How long does a company liquidation process take in Thames?
The duration varies depending on the complexity of the case. A simple solvent dissolution can be completed in 3-6 months, while a creditors voluntary liquidation typically takes 6-12 months to wind up affairs, sell assets, and distribute funds. Compulsory liquidation may take longer due to court involvement. Our Thames liquidators provide a realistic timeline after reviewing your company's records and will keep you updated throughout the process.
What happens to employees when a company in Thames goes into liquidation?
When a company enters liquidation, employees are automatically dismissed from the date of the liquidation order or resolution. They may be entitled to claim redundancy pay, unpaid wages, holiday pay, and other arrears from the National Insurance Fund via the Redundancy Payments Service. Our liquidators in Thames will provide employees with the necessary claims forms and guidance, ensuring they understand their rights and the steps to make a claim.
Can I continue trading after my company in Thames has entered liquidation?
Once liquidation begins, directors lose control of the company, and the liquidator takes over. Trading is generally not permitted except in limited circumstances where the liquidator decides it is beneficial to sell off stock or complete contracts. If you wish to continue operating a business, you may consider alternative options like administration or a company voluntary arrangement (CVA). Our Thames liquidators can discuss these alternatives with you before you commit to liquidation.
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