Insolvency Closing Services | Harveys Insolvency & Turnaround

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Are you thinking about closing your company?

Call us today, we can help. 

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The UK insolvency legislation is a minefield to interpret if you are not familiar with  its meaning. The best person to tell you what is the right outcome for your business is a licensed Insolvency Practitioner (IP) .


A director or shareholder of a business, or someone who is owed money & payment is overdue (a creditor), is entitled to start the closure of a business. Each formal insolvency legal process has qualifying factors & gives varying powers to the IP when appointed & can affect the outcome for all involved.   


If you have financial pressures that you cannot see an end to, you should contact us to seek our specialist advice.


Take advantage of our FREE initial consultation & get the right advice for your business.  


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“…I highly recommend Harveys Insolvency & Turnaround for a professional & human approach in difficult circumstances….”

Creditors Voluntary Liquidation (CVL)

It is not for you to necessarily identify the process that is right for you. That is for our expert advisor to tell you. CVL's processes are generally commenced when the director identifies that the company is unable to pay its debts when they are due or when there is a negative balance sheet.  This process starts at a directors' board meeting, where the directors instruct an IP & give notice to shareholders & then the creditors of the Company commence a CVL. There is generally a hiatus period of between 10 – 21 days before the liquidator is appointed & the CVL formally commences. In this time period the proposed liquidator assists the director in protecting the assets, dealing with creditors & in meeting their legal duties.

In inception of a CVL process, the director is able to maintain a level of control over the company’s wind down & has professional advice on tap to ensure that it is wound down in a proper & orderly manner. It also affords the opportunity to commercially measure the position & act appropriately. 

Contact us now for insolvency advice if you are suffering financial pressures.
If you can answer yes to any of the following, you need to call us for free initial advice:

✔ HMRC PAYE/VAT red letters or pressure?

✔ Unpaid CCJs - County Court Judgements?

✔ Enforcement Agents' notice to call? 

✔ Unaffordable employee reduction costs?

✔ Spending all your time fighting off creditors & not on your core business? 

✔ Rent arrears &/or unaffordable premises?
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Compulsory Liquidation

Compulsory Liquidation is an 'in court' process usually commenced by a creditor of the company for monies they are owed, but can be commenced by the directors or shareholders. This is mostly applied where the company cannot afford to wind up using the CVL process. 


To start the process, a petition by a creditor for the winding up will have been presented to the company at its trading premises &/or registered offices. It is highly likely that this would have been preceded by a statutory demand &/or a County Court Judgement (CCJ)


We recommend that you nip this situation in the bud & seek our professional advice as early in this process as possible since, the further in you get, your options & ability to control are gradually diminished.


Directors frequently inadvertently act wrongfully. There are many things a director can innocently do wrong, for example:

 

  • When a petition is issued, it will be advertised before a court hearing & it is likely that the bank will freeze the company’s bank account. This is debilitating;
  • If after petition you dispose the assets of the company outside normal trading, or incur debt you do not pay, it can cause directors personal liability.                                                                                                           

 When the petition is heard at court, a winding up order can be made. The directors will be sought to surrender to the Official Receiver (OR) , a civil servant, who will promptly seek to protect the assets, establish your reason for insolvency & investigate the conduct of the directors. The OR is not commercial in their actions, they are not your advisor, they carry out a statutory duty. 


This gives you the picture that the process has been a long time coming & most directors have time to prepare themselves & seek out alternative solutions to a compulsory winding up, which are more likely to produce a more positive outcome for creditors, employees, directors & shareholders. 


If your company has a CCJ, statutory demand or winding up petition has been served, don’t waste any more time & call us immediately; we will act quickly to help you establish an alternative solution.

Company Dissolution & Striking Off Applications

Seeking to incept the dissolution procedure for a company should be approached with caution. The directors of a limited company can dissolve it without a formal liquidation process. This is a viable solution where at ceasing to trade, there are no outstanding liabilities, there are no or very few assets to distribute & the company meets the requirements laid down by the Companies Act 2006 for commencing the striking off process. 

The Registrar of Companies can commence a striking off process where filing of annual accounts & confirmation statements are not maintained, despite the company’s financial or trading position. 

Where assets remain after dissolution, they become bona vacantia (owner-less property which in law, passes to the Crown). 

Either of these processes can be challenged & stopped temporarily or undone by  creditors or parties involved in the company’s dealings. Where a company is restored to the register, the directors are likely to find themselves open to criticism & financial attack. 

It can be confusing when trying to understand if dissolution is the appropriate course of action. In some circumstances, liquidation would be the right procedure to legally close a company.

Don’t take unnecessary risks, obtain professional advice from us at any stage from planning & weighing up your options.
HMRC have petitioned for my company's winding up & I don't know what to do next. Help!

Act fast to ensure you get the outcome you want.
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Winding Up Petitions

If your company receives a winding-up petition, it is the start of a legal process which, if not dealt with promptly, could result in:

 

  • your company bank account being frozen; 
  • its compulsory liquidation;
  • closure of the business without consultation; & 
  • sale of its assets by the OR or the appointed Liquidator. 

 

By seeking our professional advice quickly you can best defend against the petition & maximise the chances of reaching a more favourable outcome. 


Act now before it's too late.

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