Montana Plan of Liquidation

State:
Multi-State
Control #:
US-CC-9-130
Format:
Word; 
Rich Text
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Description

This sample form, a detailed Plan of Liquidation document, is a model for use in corporate matters. The language is easily adapted to fit your specific circumstances. Available in several standard formats.
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FAQ

When a company becomes insolvent, meaning that it can no longer meet its financial obligations, it undergoes liquidation. Liquidation is the process of closing a business and distributing its assets to claimants. The sale of assets is used to pay creditors and shareholders in the order of priority.

Liquidation Plan means with respect to any Company or any Fund, a plan of liquidation, a plan to dispose of a substantial portion of its assets out of the ordinary course of business (except in connection with a Permitted Merger) or any other plan of action with similar effect.

The liquidating corporation distributes all of its assets to its shareholders, the assets are distributed in one or a series of distributions, the distributions are in redemption of all of the corporation's stock, the distributions are made pursuant to a plan of liquidation.

What are the differences between liquidation and dissolution? Dissolving a company through the process of dissolution often takes place when a company is solvent, but is no longer trading. Liquidation however, occurs due to a company having financial difficulties and therefore being unable to keep up with their debts.

Liquidation Plan means with respect to any Company or any Fund, a plan of liquidation, a plan to dispose of a substantial portion of its assets out of the ordinary course of business (except in connection with a Permitted Merger) or any other plan of action with similar effect.

There are three different types of Liquidation. A Creditors' Voluntary Liquidation ("CVL") A Creditors' Voluntary Liquidation ("CVL") is an insolvent Liquidation, meaning a company is unable to pay its debts i.e. is considered insolvent. A Members' Voluntary Liquidation ("MVL") ... Compulsory Liquidation.

What is an example of liquidation? Liquidation is the process of selling off assets to repay creditors and dissolve a business. An example of liquidation would be a company selling off its inventory, property, and other assets in order to pay its creditors and close its doors.

Simply put, a dissolution is a (typically) voluntary legal closure of a business while a liquidation involves the selling of a company's assets in order to pay creditors.

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Montana Plan of Liquidation