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Frequently asked questions
What is the difference between voluntary and compulsory liquidation in Wellington?
Voluntary liquidation is initiated by the company's shareholders or directors when they decide to wind up the business, often because it is solvent or insolvent but they want to avoid court involvement. Compulsory liquidation is ordered by the High Court, usually following a creditor's application when the company cannot pay its debts. In Wellington, our liquidators can assist with both types, ensuring all legal procedures are followed correctly.
How long does the company liquidation process take in Wellington?
The duration of a liquidation in Wellington can vary depending on the complexity of the company's affairs. A straightforward voluntary liquidation of a solvent company may be completed in as little as three to six months. However, if there are significant assets to sell, complex creditor claims, or legal disputes, the process can take longer. Our liquidators work diligently to resolve matters as quickly as possible while ensuring full compliance.
What are the duties of a liquidator in Wellington?
A liquidator in Wellington has a statutory duty to act in the best interests of creditors and shareholders. Their key responsibilities include taking control of company assets, investigating the company's affairs, preparing a statement of affairs, notifying creditors and other parties, realising assets, assessing and paying valid claims, and ultimately dissolving the company. They must also report any suspected insolvent trading or fraudulent activity to the relevant authorities.
Can a company in Wellington be liquidated if it is solvent?
Yes, a solvent company can be voluntarily liquidated. This is often done when the owners decide to retire, move on to other ventures, or restructure their business interests. In a solvent liquidation, the liquidator ensures that all debts are paid in full, and any remaining assets are distributed to shareholders according to their entitlements. This process is typically quicker and less complex than an insolvent liquidation.
What happens to employee entitlements during a liquidation in Wellington?
Employee entitlements, such as unpaid wages, holiday pay, and redundancy compensation, are considered preferential claims in a liquidation. This means they are paid before unsecured creditors, but after secured creditors with a valid charge. The liquidator will assess each employee's claim and distribute available funds accordingly. Employees may also be able to claim unpaid entitlements from the New Zealand government's Employee Protection Scheme in certain circumstances.
How much does it cost to hire a company liquidator in Wellington?
The cost of liquidation in Wellington varies based on the size and complexity of the company. For a simple solvent liquidation, fees may range from $3,000 to $8,000 plus GST. Insolvent liquidations are often more expensive due to the additional investigative work and creditor communications involved. Our firm provides transparent fee structures and will give you a clear estimate before commencing any work, ensuring there are no hidden costs.
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