If you are a Director of an insolvent company, Oliver Elliot can help you with a limited company bankruptcy.
Technically there is simply no such thing as Limited Company Bankruptcy. It does not exist because Limited Companies do not go Bankrupt but…
What Is Limited Company Bankruptcy?
A bankrupt company will by definition be insolvent and therefore unable to pay its debts when they fall due or alternatively its assets will be exceeded by its liabilities.
Having said that this is purely a technical position. In reality, the insolvency of a limited company results in bankruptcy meaning that it will stop trading and cease to do any business other than becoming involved in an orderly winding up of its affairs.
What Are the Consequences of Limited Company Bankruptcy?
The consequences of limited company bankruptcy are that the Directors will lose their powers in light of Section 103 of the Insolvency Act 1986 and the employees will be made redundant.
A bankrupt company still needs someone to run it even though it will not trade. As a result, a Liquidator will be appointed to wind up the company’s affairs prior to it being dissolved at Companies House.
What Kinds Of Liquidation Arise From Limited Company Bankruptcy?
Creditors Voluntary Liquidation
In a Creditors Voluntary Liquidation, the Liquidator is appointed by creditors without any involvement of the Court. That is why it is called Voluntary Liquidation. That action of placing the bankrupt company into Liquidation is not forced and it remains a choice.
In practical terms, the matter of it being voluntary and not forced may only be a matter of legal procedure. If a company is so bankrupt and unable to trade without the Directors being unable to avoid Liquidation then if they continue to trade they could be at risk of some element of personal liability for debts incurred during a period of Wrongful Trading. For those reasons, it is beneficial for Directors of a bankrupt company to take professional advice from an Insolvency Practitioner at the earliest possible stage.
If a voluntary Liquidation is considered the right course of action then the Directors will need to prepare a Statement of Affairs so that the creditors are provided an account of the bankrupt Company’s financial position.
Creditors who want to recover a debt have by virtue of the Limitation Act 1980 six years to commence legal action.
Whereas in the case of a Compulsory Liquidation the action of the bankrupt company going into Liquidation arises from a winding up petition brought either by the company’s Directors or more commonly by one of its creditors. This is a court procedure that forces the bankrupt company into Liquidation by a Court Order after which the Official Receiver will take over and administer matters. Later on, it is possible that an Insolvency Practitioner could be appointed in place of the Official Receiver as the Liquidator at the request of creditors.
What Does a Liquidator Do In A Company Bankruptcy?
Liquidation is overseen by the Liquidator (either the Official Receiver or an Insolvency Practitioner). It involves:
- making sure all company contracts (including employee contracts) are completed transferred or otherwise ended
- ceasing the company’s business
- settling any legal disputes
- selling any assets
- collecting money owed to the company
- distributing any funds to creditors
- repaying share capital to shareholders
- dissolving the company and removing it from the Companies House register
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