Directors winding
up their companies have many options available to them. It is important
to choose the one option that is best for your company and your own
circumstances.
A directors winding
up is the process which a company goes through when it is insolvent
and needs to be shut down. It is also known as a CVL or creditors voluntary
arrangement.
A directors’
winding up is the last resort for a director who may have been struggling
for some time to turn around the fortunes of the business. I look at
many companies which have to close and it is clear that they have been
technically insolvent for a number of months. They have in the main
been kept afloat by directors not taking their own benefits, or even
worse, putting their own loans into the business to keep it afloat,
whilst they hope for that one order which will make them enough money
to clear everything off. Of course, that golden egg rarely arrives and
the directors’ own resources soon run out.
With nowhere else
to turn the directors are left with little option but to call in the
liquidator.
Of course it could
all be so different. If the director had spoken to us some months earlier,
we would have cautioned him against putting that money into the insolvent
business, and instead advised him, if the business was viable, to use
that investment to buy out the potentially profitable elements from
the company and re-start. This is known as a pre-pack sale.
With the business
effectively saved we would then have closed down the insolvent company,
having advised its creditors what we had done and why. If there is a
dividend to pay, this will have be made after costs of the liquidation
have been taken.
It is predicted
that up to 1.5% of the company register may become insolvent this year.
That could mean 40,000 companies face an insolvency issue of some sort.
Many of these will be able to save something from the business if they
take advice early enough.

If you would like
to talk about a directors' winding up to a specialist with 17 years corporate
insolvency experience then enter your details into the web form below
for a no-obligation chat.
However,
if you need help with personal debt (rather than business related debt)
go to our free debt
management plan application form.

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