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    EXPERT ADVICE FOR CREDITOR VOLUNTARY LIQUIDATIONS

    NAVIGATE THE COMPLEXITIES OF CREDITOR VOLUNTARY LIQUIDATIONS WITH CONFIDENCE

    Our team of licensed Insolvency Practitioners are here to talk you through your options, and answer any questions you might have.

    • Quick and efficient way of closing a company
    • Liquidator takes control
    • Creditors dealt with, where possible
    • Maximise all value left within a business

     

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    MEET OUR EXPERIENCED TEAM

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    DAVID MCGINNESS

    Restructuring & Recovery Director

    David McGinness is a Director within the Restructuring and Recovery team. As an insolvency practitioner, he takes creditor and debtor led corporate and personal insolvency appointments, and monitors case progression.

    Read more about David.

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    BRIAN MILNE

    Head of Restructuring & Recovery

    Brian Milne is a Partner and Head of Restructuring & Recovery, leading a team of approximately 30 staff across our UK offices. Brian takes formal insolvency appointments across a broad spectrum of businesses. 

    Read more about Brian.

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    FREQUENTLY ASKED QUESTIONS

    If you have any questions that are not covered below, please get in touch with one of our team here.

    Q1. What is the liquidation process?

    There are 10 stages to the liquidation process:

    1. Board Resolution: The directors of the company must convene a board meeting to discuss the financial situation and the need for liquidation.

    2. Notice of Members' Meeting: A notice is sent to all shareholders, along with a statement of affairs, notifying them of the meeting where they will be asked to pass a special resolution for winding up the company.

    3. Members' Meeting: At the meeting, shareholders vote on whether to proceed with the CVL. A special resolution, typically requiring a 75% majority vote, is needed to approve the liquidation. If approved, the company enters into liquidation.

    4. Appointment of Liquidator: Once the decision to liquidate is made, a liquidator must be appointed.

    6. Asset Realization: The liquidator's primary role is to realize the company's assets, which includes selling or disposing of any property, equipment, or inventory. The proceeds from these sales are used to repay creditors.

    7. Creditor Claims: Creditors are given the opportunity to submit their claims to the liquidator. The liquidator reviews and verifies these claims and ranks them in order of priority.

    8. Distribution of Funds: Once the assets have been realized and creditor claims verified, the liquidator distributes the available funds to creditors in accordance with their priority. Secured creditors and preferential creditors are paid first, followed by unsecured creditors.

    9. Final Reports: The liquidator prepares a final report that includes details of the liquidation process, asset realization, creditor payments, and any issues that may have arisen during the process.

    10. Dissolution: Once all assets have been realized, funds distributed to creditors, and all legal requirements met, the company can be dissolved, and its name is struck off the Companies House register. The company is officially wound up and ceases to exist.

    Q2. Can I start a new company after liquidation?

    We live in a country that encourages entrepreneurs, therefore there is nothing to stop directors starting another company if a previous one fails. However, there are specific rules around the re-use of company names which must be adhered to ensure there is no confusion between the new company and the previous company. Our advisors can keep you right and advise on how best to re-start.

    Q3. Will the liquidation be announced publicly?

    Notice of the liquidator’s appointment does need to be placed in the Edinburgh Gazette, which is an industry publication. The liquidator may also be required to place an advert in a regional or national newspaper, but that's only if it's deemed necessary to ensure all of the company’s creditors and customers are made aware of their appointment.

    Q4. Do I need to tell my creditors?

    The company’s creditors will be asked whether they have any objections to the liquidator appointed, but, don’t worry, this is all done by correspondence and by the liquidator. As a Director of a company, you only need to co-operate with the liquidator.

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