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The first preference is given to the company's secured creditors. The remaining money is then used to discharge preferential creditors, i.e., taxes due to the government, salaries of employees, etc.
Once the liquidator is appointed, one of the first duties of his is collecting, consolidating and verifying the claims of stakeholders of the CD. Within a period of 30 days from the liquidation commencement date, the liquidator must collect or receive the claims27 of creditors.
In any case, the first step in the liquidation process is for the company directors to seek impartial advice from an insolvency expert, before convening a meeting with shareholders to announce the intended liquidation.
The below procedure would provide winding up of a company thorough the voluntary method:Passing of Resolution and Special Resolution. First and foremost, the company must have a general meeting to pass the resolution.Declaration of Solvency.Preparation of Winding Up Report.Application to Tribunal.
When a company goes into liquidation its assets are sold to repay creditors and the business closes down. The company name remains live on Companies House but its status switches to 'Liquidation'.
If a company goes into liquidation, all of its assets are distributed to its creditors. Secured creditors are first in line. Next are unsecured creditors, including employees who are owed money. Stockholders are paid last.
Selling or closing the business. identifying and selling the company's assets. contacting and receiving claims from creditors. sending progress reports to creditors.
The liquidator shall liquidate the corporate debtor within a period of one year from the liquidation commencement date. Provided that where the sale is attempted under sub- Regulation (1) of regulation 32A, the liquidation process may take an additional period up to ninety days.
Procedure for Summary LiquidationEvery sale has to be made with the confirmation of the central government. The gross sale proceeds shall be paid to the liquidator. Any expenses incurred in connection with the sale shall be paid by the liquidator out of the gross proceeds of the sale.