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Liquidation and restoration of foreign companies
Liquidation and restoration of foreign companies
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Types of liquidation
- 01Voluntary liquidation of members. A liquidation process that is entered into voluntarily by the directors and shareholders of a company when the business is still solvent.
- 02Creditors' Voluntary Liquidation. A liquidation process whereby the directors realize the insolvency of the company and come to an agreement with creditors to liquidate the business.
- 03Compulsory liquidation. A liquidation process whereby creditors attempt to liquidate a company against the will of its directors. It is carried out through a court order.
Process of voluntary liquidation of participants
- 01The directors of the company decide to voluntarily liquidate the business. To do this, the business must be solvent.
- 02A licensed bankruptcy trustee is appointed to oversee the liquidation.
- 03A declaration of solvency is sent to the Registration Chamber and a resolution for liquidation is agreed by the directors together with the trustee in insolvency.
- 04Informing creditors about the forthcoming liquidation.
- 05Going through the liquidation procedure. Employees must be informed and all assets must be sold off.
- 06Profits from sales go to pay creditors, with the remaining profits distributed to shareholders.
- 07The company is removed from the register of the Registration Chamber and ceases to exist.
Creditors' voluntary liquidation process
- 01The directors realize the insolvency of the company and contact an insolvency practitioner.
- 02If the business cannot be restored/restructured, the trustee in bankruptcy offers creditors a voluntary liquidation.
- 03The bankruptcy trustee draws up a resolution on liquidation, which must be passed by the shareholders in a vote.
- 04The bankruptcy trustee notifies creditors of the company's insolvency and impending liquidation. Creditors may object to the decision or propose their own choice of bankruptcy trustee.
- 05After the vote, the Registration Chamber, the Insolvency Service and the public are informed of the liquidation and the process of winding up the business begins.
- 06The insolvency administrator sells the assets of the company in order to raise funds. Employees must be informed and any proceeds from the sale of assets distributed to creditors.
- 07The insolvency practitioner investigates the behavior of the company's directors and submits his findings to the Insolvency Service. If the directors have acted against the interests of the company, they may be disqualified from serving as a director in the future and held liable for certain debts of the company.
- 08The company is removed from the register of the Registration Chamber and ceases to exist.
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Involuntary liquidation process
- 01Creditors repeatedly and unsuccessfully try to recover the money owed to them by the company. Then they decide to forcefully liquidate the company to recover the funds.
- 02Creditors issue a statutory demand for payment.
- 03If the claim is not paid, creditors file a petition for liquidation, which must be approved through the court.
- 04If the liquidation petition is approved, it is published and the appointed trustee in insolvency will liquidate the company. However, it is possible to negotiate with creditors before the liquidation petition is published.
- 05The courts approve a liquidation order if they believe that creditors have the right to liquidate the company. The assets of the company are sold and the funds are distributed. The company is removed from the register of the Registration Chamber and ceases to exist.
- 06Insolvency practitioners overseeing the liquidation process investigate the directors' actions in relation to the company's insolvency. If offenses are found, the Insolvency Service may disqualify directors or take other appropriate action.
Restoration of the company after its dissolution
- 01Reinstatement of the company is possible:
- Through the registry
- Through the courts
- 02An application for reinstatement through the registry may be made if:
- You were a director/shareholder of the company
- The company was struck off the register and dissolved by the Registrar of Companies not more than 6 years ago
- At the time of liquidation the company was trading.
- 03An application for a writ of reinstatement may be made if:
- You did business with and worked for the company
- The company owed you money when it went into liquidation
- You are responsible for her employees' retirement fund
- You have a common/competing interest in the land
- You were a shareholder/director of the company when it went into liquidation.
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