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The company may decide to close down for a variety of reasons, including a refusal to continue operations, insolvency, and so on.
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Simply put, liquidation is the process by which a company shuts down its activities. The company may decide to close down for a variety of reasons, including a refusal to continue operations, insolvency, and so on. The word ‘liquidation of a company’ refers to the process of selling a company’s assets. The company can sell its assets to meet obligations and repay liabilities.
If a company is liquidated due to bankruptcy, the liquidator can sell its assets to repay all pending liabilities. The remaining balance, if any, after repayment to the creditors, gets distributed among the shareholders of the company.
Free from debts after liquidation: Once the liquidation process is over, the directors and all company officials are free from all creditor liabilities and pressure
Avoiding legal action against the company: If the resolution is passed voluntarily by directors, they will neglect legal action taken by the court or the tribunal, and provide a platform to company directors to concentrate on other business opportunities
Comparingly low cost charged for liquidation: The costs or expenses involved in the liquidation process are relatively low, as charges will be applicable on the sale of assets
All lease agreements will be cancelled: If any company or entity has entered into a lease for a prescribed time, during the liquidation process, it will terminate all the terms and conditions of the lease. If any penalty has to be paid, it will be deducted from the sale of assets
Advantages for creditors: After a prolonged struggle, creditors will benefit from the liquidation process as they will be eligible for a default payment, with respect to the proposition of credits given by all creditors.
Some of the most prominent causes for a company to go into liquidation are:
The liquidation strategy refers to liquidating the assets of a company before winding up operations. By initiating the liquidation process, the company may sell its assets to meet obligations and repay liabilities.
The liquidation marks the end of business operations by a company and this may lead to the unavoidable loss of jobs for the employees. However, the company administration may look to restructure the organization and save some (or all) of the jobs in the process. However, the employees will have the right to claim dues owed to them by the company.
After a company is liquidated, the liquidator can sell its assets to repay all pending liabilities. The remaining balance, if any, after repayment to the creditors, gets distributed among the shareholders of the company.
No, you cannot liquidate your own company. Only the shareholders of a company can put it into voluntary liquidation. Then, a licensed insolvency practitioner will be appointed as a liquidator and only they can start the liquidation process.
Usually, directors are not personally liable for company debts. Therefore, if the company fails to pay off its debts and the creditors move court, only the company’s assets are liquidated and not the personal assets of the directors.
When a company is dissolved and gets liquidated, the name is struck off from the company register. The name can be made available for other companies for future use.
When a company is struck off, the name would be removed from the company register and it cannot trade, sell its assets, or make payments, and it cannot even get involved in any other business activities.
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