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600 Notice of appointment of liquidator voluntary winding up (members or creditors)

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600 Notice of appointment of liquidator voluntary winding up (members or creditors)

Appointment of a liquidator occurs when a company goes into voluntary liquidation. They are appointed to wind up the companies affairs after an agreement has been made that the company will wind down.

There are two types of voluntary liquidation, and in both cases a liquidator must be appointed. They are:

• members voluntary liquidation
• creditors’ voluntary liquidation

Members’ voluntary liquidation involves the directors making a statutory declaration of solvency, whereas creditors’ voluntary liquidation means the directors have not but the company still cannot pay its debts. Formal measures to deal will the companies’ debt must still be taken.

Insolvency proceedings involved with members’ voluntary liquidation can only take place when the directors of a company believe that the company is solvent. A declaration must then be made by the directors to show that a thorough inquiry into the company’s affairs has been made and that they believe that the company will be able to pay its debts within 12 months from the start of the winding up.

At this stage a liquidator is appointed, and the directors have to provide them with a statement of the companies’ affairs. Within 14 days of being appointed, a liquidator must notify the Registrar using Form 600 – Notice of appointment of liquidator voluntary winding up.

The liquidator must also publish a notice of appointment in the London Gazette and also give notice in a newspaper in the area of the companies’ main place of business.

A liquidator will then take on the duties of winding up the companies affairs. They have the responsibility of calling in all the company’s assets and distributing them to its creditors. If there is anything left over after the creditors have received their amounts then it is distributed among the company members.

After the company’s affairs are fully wound up, the liquidator must then present an account to the creditors and members. The meeting has to be advertised in the London Gazette one month before.

When the meeting has taken place, the account is sent to the Registrar and when everything is in order the company can be dissolved.

PDF example of form 600

 

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