CREDITORS
VOLUNTARY LIQUIDATION LIMITED COMPANY
(Part IV S98 Insolvency Act 1986)
The Directors resolve to voluntarily wind-up the company due
to its Insolvency. Notices are sent to creditors and shareholders
giving them 14 days notice of the convened meeting. In some
instances, in order to preserve the assets of the Company,
Liquidator is appointed under Short Notice.
The
Liquidator's powers are restricted until his appointment is
ratified by the creditors at their meeting. If the liquidator
wishes to sell any assets prior to the Meeting of Creditors,
then an application to the Court must be made for sanction
of same. Preparation of Statement of Affairs, list of creditors
and report for creditors meeting.
The
shareholders pass an Extraordinary Resolution putting the
Company into creditors voluntary liquidation and appointing
a Liquidator at a meeting held prior to the creditors meeting.
At the creditors meeting, the creditors are presented with
a Statement of Affairs together with a report
explaining the Company's demise.
The
creditors confirm the shareholders' appointee as Liquidator
or appoint someone else in their place; appoint a Creditors
Committee. The Liquidator files and advertises notice of his
appointment in the London Gazette and two local newspapers.
The Liquidator realises the assets. The Liquidator agrees
creditors' claims. The Liquidator distributes funds, reports
to creditor's and holds final winding-up meeting. The Company
is dissolved. The Liquidators remuneration is agreed by the creditor's or the Creditor's
Committee, if one is appointed.
Enterprise Act
The
insolvency provisions of the Enterprise Act took effect on
the 15th September 2003 as follows;
Customs
and Inland Revenue have lost their preferential status in
the distribution of insolvent assets.
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