Is Liquidation the best option for your business? - McDonald Vague Insolvency (2024)

FAQs

How does liquidation differ from insolvency? ›

Simply being insolvent does not provide enough grounds for a company's creditors to petition for bankruptcy or liquidation. There must be a genuine default of an agreed payment or liability. Liquidation however, is the legal ending of a limited company, which stops a business from trading or employing staff.

Liquidation is a process by which a company's assets are sold to pay off debts to creditors, and the company is then dissolved. While it may seem like a quick solution to financial problems, it can have serious consequences for the company's directors, shareholders, and employees.

If the insolvency resolution process fails or financial creditors decide that the business of debtor cannot be carried on profitably and it should be wound up, the debtor will undergo liquidation process and the assets of the debtor are realized and distributed by the liquidator.

Liquidation may be the best option for a company if it is no longer able to meet its financial obligations, if it has a large amount of debt that cannot be paid off, or if it is insolvent.

In simple terms, liquidation brings about the end of a company by selling – or liquidating – its assets before dissolving it entirely. Administration on the other hand, is typically utilised when there is a chance of saving a business which is currently experiencing high levels of financial or operational distress.

As we've said, any debts that the liquidator cannot repay from the funds raised via the sale of company assets are written off. As a company director, you benefit from limited liability, which means you are not personally liable for debts the company cannot pay.

disadvantages to Liquidation

Any employees will lose their jobs and so will the directors. Shareholders may have to repay illegal dividends (not paid out of profit). Overdrawn directors loan accounts will have to repaid. Suppliers and creditors will lose money.

The liquidation of an insolvent company allows an independent registered liquidator (the liquidator) to take control of the company so its affairs can be wound up in an orderly and fair way to benefit creditors. There are two types of insolvent liquidation: creditors' voluntary liquidation. court liquidation.

If you want to close a company and how much does a Liquidation cost, it will vary from case to case and from Insolvency Practitioner to Insolvency Practitioner. A typical UK Liquidation will cost anything from around £1,000 to £7,500 to place a company into Liquidation.

Fundamentally, if you want a career in insolvency you must have a desire to help people in difficult situations. Whether their problems are of their own making or of someone else's, if you feel that you want to make a bad situation better, then insolvency could be for you.

What happens to a company after insolvency? ›

The liquidator takes control of all the company's unsecured assets, which are sold to repay the creditors. Trading companies are usually closed down, although sometimes they may continue to trade for a short time so the business can be sold.

There are two main types of insolvency: cash flow insolvency and accounting insolvency. Cash flow insolvency occurs when a company can't pay its debts, but its liabilities aren't necessarily greater than its assets. Accounting insolvency occurs when a company's liabilities are greater than its total assets.

Directors who are owed money by their companies risk losing their unpaid debts along with all the other creditors if the company goes into insolvent Liquidation.

Avoid court processes. By voluntarily choosing to liquidate the company, you can avoid being petitioned through the courts and be able to demonstrate to the public that liquidation was a company choice rather than a result of hostile creditor action.

Insolvent liquidation occurs when a company cannot carry on for financial reasons. The overall aim of an insolvent liquidation process is to provide a dividend for all classes of creditor, but it is often the case that unsecured creditors receive little, if any, return.

Liquidity refers to both an enterprise's ability to pay short-term bills and debts and a company's capability to sell assets quickly to raise cash. Solvency refers to a company's ability to meet long-term debts and continue operating into the future.

In real terms, there is no difference between a liquidator and an IP. The Insolvency Practitioner is a professional who needs to have sufficient experience working in the field and pass exams that include all forms of insolvency – both professional and personal.

The Liquidation Process

The winding-up of solvent companies is governed by the Companies Act, while the winding-up of insolvent companies is governed by the Insolvency Act 24 of 1936 (Insolvency Act) and the Companies Act 61 of 1973 (Old Companies Act).

Insolvency is a state of financial distress in which a person or business is unable to pay their debts. Insolvency is when liabilities are greater than the value of the company, or when a debtor cannot pay the debts they owe. A company can become insolvent due to a number of situations that lead to poor cash flow.