
A company can be placed into Creditors Voluntary Liquidation within a matter of days. Creditor pressure can be removed, legal action can be prevented and your general concerns and worries can be bought to an end.
Our team will:
What happens next?
Once you have taken that first step and you are happy with the advice received then you would formally instruct Easy Liquidation to commence the process of placing the company into CVL. It is worth noting that the process is the same regardless of the size of company and that it is not uncommon for the company to have only one director/shareholder.
We will send you our engagement letter, terms of business and Money Laundering requirements to you by email for signing. Once our in checklists have been completed we will provide you with a list of all the information that we will need together with our invoice.
The information we require will include names, addresses, reference numbers and amounts owed to all creditors so that we can advise them of the liquidation.
The first step of the process is a board meeting. A draft agenda, matters to be considered and draft minutes will in practice be provided by the IP and the meeting will predominately agree the following:
At the end of the board meeting the appointed director will be required to sign notices to the shareholders and creditors detailing the proposed winding-up and inviting them to participate in the decision.
The resolutions will then be circulated to shareholders in order to consider whether or not the company should be placed into Liquidation and the appointment of the Liquidator (IP) nominated by the board.
For the company to be placed into Liquidation, 75% or more of the shareholders must agree to pass the resolution.
Immediately following these resolutions being passed, creditors will be invited to validate the appointment of the shareholders’ Liquidator (or to nominate their own) and where appropriate to agree the Liquidators costs.
One of two decision procedures will be implemented:
In practice, the shareholders meeting and the meetings of creditors will be scheduled for the same date, 15 minutes apart.
Not if you have acted in the best interests of the company and its creditors. If wrongdoing is found, then there are two elements. Firstly, you may have to contribute towards the liabilities of the company. Secondly, you may end up being disqualified from acting as a company director for up to 15 years. However, we see very few disqualifications.
Unfortunately not, as soon as your company starts the liquidation process, this will terminate all live contracts with customers, employees etc. so you cannot trade. There are other options however, so it is better to speak with an Insolvency expert to see how you can avoid liquidation.
When a company is insolvent it is the responsibility of directors to take action to ensure that the company does not incur any further debts and to protect the interests of creditors. Please see the Schedule of Obligations.
Directors are not usually personally liable for the debts of the company. A limited company is a separate legal entity to its directors and shareholders and, as such, some protection is offered. However, by continuing to incur losses after the company became insolvent, directors might be guilty of wrongful trading. This is an area where our advice can be crucial, so contact us at the earliest moment if you think you may have a problem. Personal Guarantees If, as a director, you have signed personal guarantees (PGs) you could become personally liable for any shortfall the creditor suffers should the company be liquidated. Where a guarantee has been signed by more than one guarantor, each of the guarantors will be ‘jointly and severally’ liable – i.e. all the guarantors are equally liable for the whole debt. Again, seek our guidance as early as possible. Overdrawn Loan Account Directors of insolvent companies often have an overdrawn loan account with their company. If this is the case at the point of liquidation, the liquidator will examine the situation and put forward settlement proposals. If the director is unable to settle their loan, it is possible that the liquidator might consider legal proceedings for repayment, at which point the risk of the director losing their home can arise. Seek advice early!