what is a members voluntary liquidation?
  procedure and appointment of liquidator
  after 1 year
  professional advice
  liquidators costs
  possible alternative approaches
       

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Procedure and Appointment of the Liquidator in an MVL

Declaration of Solvency

The directors must thoroughly review the financial position of the company and when satisfied they swear an affidavit known as a 'declaration of solvency'.

That declaration sets out:

  • the estimated realisable value of the companys assets
  • the value of creditors claims
  • an estimate of the cost of the liquidation process
  • and a balancing figure being the estimated monetary return to shareholders after all creditors have been paid in full and the costs of the process have been settled.

Appointment of Liquidator

Once the declaration of solvency has been signed there is then very little further formality. Certain forms have to be signed at a shareholders meeting to resolve to wind up the company and appoint a liquidator.

The Liquidator

The liquidator so appointed:

  • advertises his appointment
  • realises all assets
  • settles creditors
  • pays the costs of the proceedings
  • returns the surplus to the shareholders

When all of these actions have been completed the liquidator calls a final meting of shareholders to provide a report on all of his actions and a receipts and payments account to particularise the transactions undertaken by him.