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Frequently asked questions
What is the difference between a Creditors' Voluntary Liquidation (CVL) and a Compulsory Liquidation?
A Creditors' Voluntary Liquidation (CVL) is initiated by the directors when the company is insolvent, and they choose to wind up the business voluntarily. The directors pass a resolution, and a meeting of creditors is held to appoint a liquidator. In contrast, a Compulsory Liquidation is a court-ordered process, usually initiated by a creditor who files a winding-up petition because the company cannot pay its debts. In a compulsory liquidation, the court appoints the liquidator, and the process is often more formal and adversarial.
Can I liquidate a solvent company in Westfield?
Yes, if your company is solvent and you wish to close it down, you can use a Members' Voluntary Liquidation (MVL). This process is designed for companies that can pay all debts in full within 12 months. It allows for tax-efficient distribution of retained profits to shareholders and is often used for capital extraction. Our liquidators can help you determine if an MVL is suitable and guide you through the entire process.
What are the legal duties of a liquidator in Westfield?
A liquidator's primary legal duties include taking control of the company's assets, investigating its financial affairs, realizing assets for the benefit of creditors, and distributing proceeds according to the statutory priority order. They must also ensure compliance with the Corporations Act 2001, report any potential insolvent trading or director misconduct to ASIC, and maintain transparent records. The liquidator acts as a fiduciary and must act impartially in the interests of all creditors.
How long does the liquidation process take?
The duration of a liquidation varies depending on the complexity of the company's affairs. A simple Members' Voluntary Liquidation may be completed in a few months, while a Creditors' Voluntary Liquidation or Compulsory Liquidation can take longer, often 6 to 12 months or more, especially if there are complex asset realizations, legal disputes, or investigations. Our team will provide a realistic timeline based on your specific circumstances during the initial consultation.
What happens to employees during a company liquidation?
Employees are considered priority creditors in a liquidation. They are entitled to claim unpaid wages, annual leave, long service leave, and redundancy entitlements. The liquidator will notify employees of the liquidation and provide them with forms to lodge claims with the Fair Entitlements Guarantee (FEG) scheme, which can cover certain unpaid entitlements if the company cannot pay. We assist employees in understanding their rights and the claims process.
Can a director be held personally liable for company debts during liquidation?
Directors can be held personally liable in certain circumstances, such as if they engaged insolvent trading, breached their director duties, or provided personal guarantees for company debts. The liquidator has a duty to investigate and may pursue recovery actions against directors if there is evidence of misconduct. However, if the directors have acted responsibly and complied with their obligations, they typically are not personally liable for unsecured company debts. We offer advice on how to minimize personal risk.
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