The term directors’
liquidation is one which describes the formal process by which either
a partnership of a limited company is wound up by either the courts
or a meeting of creditors. It is also called a business liquidation.
We have expertise in organising business liquidations, although as a
rule we try as hard as possible to avoid a liquidation if there is a
business that can be saved.
For a partnership,
a directors’ liquidation will be the last resort, due to the adverse
consequences such an action has on the individual circumstances of the
partners. Because a partner is jointly and severally liable for the
losses of a partnership, a liquidation will mean that the partners of
the business are liable for its losses. Therefore it is imperative that
early intervention takes place when a partnership faces potential losses.
If remedial action can be taken as soon as a problem is discovered in
a partnership, it may be possible to avoid liquidation and instead put
in place an administration which would ringfence the business and protect
it from creditors taking action, whilst rescue solutions are put together.
If done soon enough
it can lead to Partnership Voluntary Arrangements, which will provide
a structured mechanism for creditors to get paid some or all of their
debt over a period of time.
There are similar
exits for a company, and again early intervention is encouraged. If
a company has to go into liquidation, there are not the same personal
risks as for a partnership as the limited company shell protects the
directors from personal liability, unless there has been wrongful or
fraudulent trading.
We always encourage
those seeking advice to speak to us as soon as they encounter a problem,
even if that results in us telling them that there is not immediate
concern. Directors’ liquidation will be a fact of commercial life
for the next three years or so, but it rarely spells the end of trading
as something can usually be done to re-start a trading operation.

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