Tuesday, 16 August 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.

Immediately process is complete the company that had existed previously ceases. Owing to this, strict procedures are followed during process. It is important to prove that company concerned is unable to pay debts. Both the court and shareholders can appoint a liquidator. Choosing an honest liquidator is essential in order to ensure that process is done in affair manner.

Liquidations are classified by the law into two main types. When shareholders decide to bring the company into an end, the process is called voluntary. On the other hand, process is called compulsory if court declares that the concerned company be closed down. It is important to note that dissolution can be classified differently depending on whether company is either insolvent or solvent.

Business is said to be insolvent, if it is unable to pay debts within the required time. This condition causes conflict between the particular business and the creditors. Law should be used correctly so as to facilitate proportionate distribution of assets. In other words, the magnitude of each and every claim of creditor is put into consideration before distribution is done. Secured creditors are prioritized during compensation. Law is used to ensure that none of creditors gains unfairly during compensation.

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.

In case, constitution permits, board of directors may order commencement of liquidation process. For an insolvent business, creditors take control during dissolution. For a solvent company, shareholders are required to supervise entire process. Majority directors, creditors or registrar of companies, can initiate dissolution process by enhancing application process.

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.

Assets cannot be distributed before secured creditors are compensated. Expenses that are likely to be incurred during dissolution are met. This means that, cost and wages are paid. People who used to work as employees within the company are paid, if they had not been paid before dissolution order was given. Payment of unsecured creditors then follows. Shareholders become the last people to benefit during this process.




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