Tuesday, August 16, 2016

The Procedure Followed During Business Liquidation Arlington TX

By Janet Lee


Liquidation brings a company that existed before into an end. This can occur owing to various reasons. One of the main reasons why many businesses are dissolved is their inability to pay debts. Strict procedures are followed during Business liquidation Arlington TX. To commence the process, a liquidator is appointed. The main role of a liquidator is to conduct investigation of financial capability of company concerned. He or she has role of finding out why company failed. Liquidator has the mandate of finding out whether a particular company has committed any offense. He or she identifies assets owned by company and sells them for betterment of creditors.

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.

At times, the owners of a company decide to terminate a business, owing to various reasons. Dissolution that are directed by shareholders are called voluntary liquidations. When directives to dissolve a particular company originate from court, dissolution is said to be compulsory. Different procedure may be used in each of the cases, depending on whether the concerned company is either solvent or the insolvent.

Company that fails to pay its creditors within the acceptable time, it is categorized as insolvent. Law is highly followed during compensation process. This is done to impede any conflict that may arise, in case some creditors feel that process is not done unfairly. Compensation is done in a proportionate manner for the betterment. Needs of creditors, who have been secured are prioritized. Process is conducted in such a way that no one becomes disadvantaged.

Voluntary liquidations occur immediately liquidator is appointed by company owners. Liquidator has the mandate of informing creditors together with shareholders on the progress of business. If correct procedures, are put in place, voluntary process can be carried out successfully without involving court. However, if liquidator feels that there is need of seeking help from court, he or she can do it. Court has powers of denying the liquidator powers of supervising entire process.

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.

Immediately company has been dissolved, it has no power to dispose its property. The effects of directors are no longer felt as soon as liquidator is appointed. Employees of company are notified of dismissal when a liquidation order is issued. When liquidator is appointed, it becomes almost impossible for any individual apply for legal proceedings against business, unless court or liquidator allows it.

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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