A Creditors' Voluntary Liquidation is a formal legal process where company directors voluntarily decide to wind up their insolvent company and appoint a licensed insolvency practitioner to sell assets and distribute proceeds to creditors.
A Creditors' Voluntary Liquidation (CVL) is essentially a controlled shutdown of an insolvent company initiated by its directors.
Unlike other forms of liquidation, the directors make this decision themselves rather than being forced by creditors or courts.
Directors typically choose a Creditors' Voluntary Liquidation when they realise the company cannot pay its debts and continuing to trade would be irresponsible.
It's often selected when the company has some assets but insufficient funds to pay all creditors in full.
The directors pass a resolution to wind up the company and appoint a licensed insolvency practitioner as liquidator.
The liquidator takes control, sells company assets, investigates the company's affairs, and distributes any proceeds to creditors according to legal priority rules.
Directors lose control of the company once the liquidator is appointed, but they're required to cooperate fully with the liquidation process.
The liquidator will review their conduct and may pursue recoveries if any wrongful or fraudulent trading is discovered.
A Creditors' Voluntary Liquidation typically takes 6-12 months to complete, though complex cases can take longer.
The timeframe depends on factors like asset complexity, creditor numbers, and whether any investigations into director conduct are required.
The costs of a Creditors' Voluntary Liquidation include the liquidator's fees, legal costs, and administrative expenses, all of which are paid from company assets before any distribution to creditors.
If insufficient assets exist, directors may need to provide a deposit upfront.
Trading generally ceases immediately once a Creditors' Voluntary Liquidation begins, as the liquidator takes control of company operations.
Any continuation of business activities would only occur if absolutely necessary for asset realisation purposes and under the liquidator's direct supervision.
