Expert Guidance Through Complex Financial Landscapes
Free Initial Business Advice to Individuals or Company Directors
We will provide FREE OF CHARGE and NO OBLIGATION initial consultations to firstly understand the problems you are facing, and then advise on your options.
Members’ Voluntary Liquidation (MVL)
An MVL is quite simply a winding-up (liquidation) of a solvent company where there is an expectation that all of the company’s debts can be paid within 12 months. Sometimes an MVL is utilised as part of a restructuring process where trading divisions can be separated and sold off, or where shareholders want to appoint an independent Liquidator to realise value for their shareholding.
There are sometimes tax benefits involved in MVLs, and we often work with accountants and lawyers using an MVL to fulfil their clients’ tax and investment needs.
We offer very competitive rates for MVLs and we are the liquidator of choice for many accountants in the area. Call us for a costs quote.
Creditors’ Voluntary Liquidation (CVL)
This is a commonly used process instigated by the directors and shareholders of a limited company that is insolvent and has no real prospects of survival or paying its debts.
The shareholders nominate a liquidator at a specially convened meeting, and the company creditors are sent a report to agree on the terms of the winding-up. The creditors can, providing certain thresholds are met, ask for a meeting of creditors. A Liquidator is appointed as an independent professional person to oversee all aspects of the liquidation. A Liquidator must be a qualified and licensed Insolvency Practitioner.
Once appointed, the Liquidator in a CVL has certain statutory duties to fulfil, including filing a report regarding directors’ conduct once the company’s finances and reasons for failure have been reviewed. These are in addition to other duties, like collecting in the company’s assets and agreeing the claims of the unpaid creditors.
If the liquidation estate has funds or assets, the costs payable to the Liquidator are drawn from those funds, and the creditors are involved in the cost approval process.
Sometimes a company proceeding into liquidation may not have any assets. Under those circumstances, the liquidator’s costs will have to be funded by the director(s) or an interested party. Please contact us for a quote for this service.
Administration is an alternative company insolvency process. It is used where there may be other reorganisation or restructuring options available for the company, allowing an enhanced return to be made to creditors.
In the Administration process, the company is afforded court protection from any action by creditors, while plans are agreed to rescue the business, or enhance the asset realisations in some way.
Proposals are formulated by the Administrator and put to the creditors within strict timescales.
Sometimes, if the rescue plan is achieved, the company can be handed back to the company’s management at the end of the Administration process.
Administration can be a useful, swift and effective tool if the underlying business is still considered viable, and time is of the essence to avoid liquidation.
An Administrator must be a Licensed Insolvency Practitioner.
Company Voluntary Arrangements and Individual Voluntary Arrangements – CVAs and IVAs
A Voluntary Arrangement is basically a bespoke proposal put forward to a company’s or individual’s creditors, via a Licensed Insolvency Practitioner, to offer an enhanced return to creditors, maybe from expected future earnings/profits, or third party contributions, or even by way of a more structured or orderly sale of assets.
The rationale of proposing a CVA or an IVA is to offer creditors something more than they might otherwise receive in a winding up (if a company) or a bankruptcy (if an individual).
The formal proposal is circulated to creditors by the Insolvency Practitioner, and if at least 75% of voting creditors agree to it, the proposal becomes a binding agreement, which is then supervised and implemented by the chosen Insolvency Practitioner.