Compulsory Liquidation

In some cases it might be more appropriate to apply to the Court for an order that the company be placed into liquidation. There are various reasons for this but in some cases it is more cost effective than the voluntary liquidation route especially if there are insufficient assets to meet the costs of the liquidation. 

The procedure is straightforward and involves filing various documents with the Court and following a procedure that is set out in the Insolvency Rules 1986.

The key differences between voluntary and compulsory liquidation include:

  Voluntary Liquidation Compulsory Liquidation
Going into liquidation Hold a shareholders' meeting Court Procedure
Who can start the process? Directors resolution, shareholders special resolution Director, creditor, company etc petition
Liquidator Choice of the shareholders or creditors Official Receiver
Report on Directors' Conduct? Liquidator Official Receiver
Costs Paid out of assets of company Paid by petitioner

Directors should always consult a Licensed Insolvency Practitioner as soon as they become aware that their business is in financial difficulty. Gore and Company can help in a variety of ways:

  1. We can complete a rapid review of the business and advise on the most appropriate course of action
  2. We can assist you to make the application to the Court for a winding up petition. Contact us for a free estimate of costs.

Please note that the above is provided for illustration purposes only and comprises a short view of extremely complex insolvency and other legislation. This is a complicated area and specific advice must be sought before undertaking any course of action or before refraining from any course of action. Gore and Company takes no responsibility for any loss incurred to or by any person who either acts or refrains from acting on the basis of the above or of any other item published on this website. The above note may not be reproduced without the prior written consent of Gore and Company.

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