The process of liquidation for an insolvent company prevents the directors from insolvent trading. This also enables the protection of the directors of the company from personal liability for tax debts. Thus preventing them from getting the Director Penalty Notice from the ATO. The process of liquidation helps close the affairs of the old company through legal action.
The company faces various circumstances in the process of liquidation. The directors of the company are faced with the challenge of liquidation under pressure from the situation. The company that undergoes financial distress is offered Liquidation Notices Australia.
Some of the factors in the process of liquidation include the company struggling to pay company taxes and being unable to pay employees. If the company struggles to recover the money that is owed to the business and creditors hassle with the payment of the debts, that indicates that the company is insolvent.
Advantages and disadvantages of liquidation:
Some of the advantages and disadvantages of the process of liquidation are as follows:
Advantages:
- The process of liquidation helps directors avoid personal liability.Â
- The liquidation process also helps close a company that is unable to continue. This prevents them from incurring further debts.
- The process of liquidation gains the attention of the Government Fair Entitlement Scheme, which provides salaries to employees if the company fails to do so.
- The process of liquidation prohibits the creditors from harassing the directors of the company in case of financial distress.
- The liquidation process helps in protecting the directors and creditors from insolvent trading.
Disadvantages:
- The business or the company comes to an end with the legal action of the liquidation process.
- The assets of the companies are surrendered for sale as per the Liquidation Notices Australia.
- The process of liquidation investigates the reasons why the company could not pay its debt.
- The conduct of any malfunction shall be reported in the process of liquidation.
The difference between voluntary and involuntary liquidation:
Voluntary liquidation in Australia takes place in a situation where the board members of the company decide mutually to put the company into the process of liquidation. The initials need to take the form of Member Voluntary Liquidations for solvent companies. The insolvent companies require the form of Creditors’ Voluntary liquidation.
In the case of the involuntary liquidation process, the company is compelled to get into the process of liquidation. These circumstances arise when the creditors apply for the appointment of a liquidator against the company in the process of Court Liquidation.
The general process of liquidation:
The process of liquidation involves the payment for the secured creditors. If any surplus amount is left then, the distribution can be done including the costs of liquidation, payment to the employees and unsecured creditors.
- The process of liquidation varies along with the process of Voluntary liquidation in Australia. The court liquidation follows some of the below-mentioned processes:
- The liquidation needs to lodge various legal appointment documents.
- The court liquidations ask various government organisations, including the Tax Office of Australia and the Revenue Office of state governments, for the appointment.
- The court liquidation requests the directors of the company to deliver the company’s records to the liquidator and answer the necessary queries made to them.
- The liquidator collects and sells the company’s assets, as mentioned in the court liquidation.
- The court liquidation process also prepares a report for creditors.Â
- The liquidator reviews the records provided by the company.
- The liquidator conducts the recovery process of the company’s hidden assets.
- Liquidators also make sure to pay a dividend to the creditors if the funds are available.
In the final stages, the liquidator makes the final report for the creditors. Also, request the deregistration of the company by lodging various essential documents. The process of liquidation ends while the liquidator finishes the investigations. Any relevant regulatory matter can enable them to strike off the company registration.
Conclusion:
A liquidator is a mediator who is involved in administering the company liquidations. The liquidator might be hired personally by the company. However, in the case of the Creditor’s Voluntary Liquidation, it is a must to ensure that the liquidator is a registered liquidator. The liquidator has the power to recover the property that is to be sold and disposed of before the liquidation process.
Eventually, various circumstances will be involved in the company’s liquidation process. Many companies are providing their service to overcome this challenging situation.