When the going gets tough for a company, sometimes the only option left on the table is to call it quits. But before you hang up the “closed” sign, it’s crucial for directors to understand the range of closure options available, especially in the UK where regulations can make or break the process and can have bearings on an a directors personal finances.
Options for Insolvent Companies
So, your company is struggling to keep its head above water, drowning in debts it can’t pay off and you’re struggling to meet the outgoings of your company every month. That’s the classic scenario of insolvency, and it’s a tough spot to be in. It’s a very difficult time, with not only worries about yourself but also of the staff you employ. But don’t worry, there are formal procedures available that can see the closure of your company, with unsecured debts written off.
- Creditors Voluntary Liquidation (CVL): Think of this as a controlled descent into closure, handled by a licensed insolvency practitioner. With a CVL, directors can pull the plug on their sinking ship in an orderly fashion, as the process is director initiated and gives them the best chance of having control over the situation. A CVL will see a company formally wound-up, with its assets liquidated, and creditors being paid off in the best manner possible, with any remaining unsecured debts, dying with the company. A director will be free to walk away from a limited company once it has been formally closed, free of any creditor action.
Options for Solvent Companies
Even if your company is financially afloat, there may come a time when you decide it’s time to set sail for new opportunities. Whether you’re passing the torch or simply closing up shop, here’s what you need to know:
- Members Voluntary Liquidation (MVL): If your company has assets worth over £25,000 and you’re ready to bid farewell, close the company and look at new opportunities, an MVL could be your ticket to a hassle-free, tax-efficient closure. The company allows for the formal liquidation of your company, maximizing it’s profit through a tax-efficient company closure, just as with a CVL, the company will have it’s assets liquidated and must be carried out by a licensed insolvency practitioner.
- Dissolution: A dissolution is a process only appropriate for solvent companies, that have perhaps reached the end of their lifecycle. Companies that are no longer trading, have minimal or no assets and aren’t active. The process requires a director filling out a DS01 form, which will then see the company struck off from the register at the company’s house.
Forced company closure
Forced company closure in the UK, also known as compulsory liquidation, is a legal process initiated by creditors when a company is unable to meet its financial obligations. This often occurs when the company is insolvent, meaning its liabilities outweigh its assets, leaving creditors unpaid.
- Compulsory Liquidation: The process begins with a creditor filing a winding-up petition with the court, typically triggered when the company owes them more than £750. Once the petition is filed, the court assesses the company’s financial position to determine if it is indeed insolvent. This order freezes the company’s bank accounts, halts all trading activities, and places its assets under the control of a liquidator appointed by the court.
To sum up
Closing up shop isn’t easy, but knowing your options can make the process a whole lot smoother. Whether you’re insolvent and facing creditor pressure or solvent and ready to sail off into the sunset, there’s a closure option out there for you. Just remember, it’s always wise to seek professional advice and steer clear of any choppy legal waters.