Thursday, August 18, 2016

The Procedure Followed During Business Liquidation Arlington TX

By Janet Lee


Existence of a particular company can be terminated through liquidation process. When company fails to pay its creditors, it may end up being liquidated. Correct procedure ought to be followed during Business liquidation Arlington TX. This is essential in preventing ignition of conflict between concerned parties. Liquidator is selected before the process commences. Liquidator investigates financial status of the business. Liquidator has the mandate of looking at the possible causes of a business failure. He or she brings into book assets owned by business and distributes them to creditors. Any offenses committed by company are determined by liquidator.

Liquidation is a serious process through which trading companies are closed down immediately they are found to be ineffective. Appointing a liquidator is done by either the court or shareholders. In other words, liquidator has mandate of supervising entire dissolution process of a company.

Liquidations are classified by the law into two main types. When shareholders decide to bring the company into an end, the process is called voluntary. On the other hand, process is called compulsory if court declares that the concerned company be closed down. It is important to note that dissolution can be classified differently depending on whether company is either insolvent or solvent.

Insolvent is a business that lacks funds to pay creditors in required period. For compensation to commence and proceed effectively, it must be done in a legitimate manner for better results. Doing it in unlawful way, disagreements among individuals concerned are likely to arise. Secured creditors are handled first before anything else. Law requires liquidation to be performed in a fair manner.

For a voluntary liquidation to occur appointment of liquidator is done by the shareholders. The appointee becomes answerable to creditors and shareholders. No need of involving court, if process is carried out in a fair manner. In case, a liquidator feels that there is need of assistance from the court he or she may consider consulting. Court may order withdrawal of a liquidator, if he or she is found incapable of handling issues at hand.

Board of directors may commence dissolution process, if the constitution of a company allows. When business is insolvent, creditors have the mandate of supervising dissolution. On the other hand, shareholders may take control during dissolution, if company is solvent. Registrar of companies, majority directors or creditors may apply for dissolution of a company.

The company that has been liquidated loses powers of handling its property after the process. Powers of directors become ineffective immediately appointment of a liquidator is done. Employees become dismissed immediately liquidation order is released. People who intend to file a legal case against company are required to do so before process begins. However, one may file a case if permitted by either liquidator or the court.

Secured creditors are compensated before distribution of assets, commences. In the next step, expenses, charges, and other cost concerned during dissolution are paid. Employees are then paid their wages. In the next stage, unsecured creditors are paid. Needs of shareholders are met last.




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