неделя, 14 август 2016 г.

Role Of A Liquidator 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.

At times, the owners of a company decide to terminate a business, owing to various reasons. Dissolution that are directed by shareholders are called voluntary liquidations. When directives to dissolve a particular company originate from court, dissolution is said to be compulsory. Different procedure may be used in each of the cases, depending on whether the concerned company is either solvent or the insolvent.

Insolvent is a business that lacks funds to pay creditors in required period. For compensation to commence and proceed effectively, it must be done in a legitimate manner for better results. Doing it in unlawful way, disagreements among individuals concerned are likely to arise. Secured creditors are handled first before anything else. Law requires liquidation to be performed in a fair manner.

During voluntary liquidation, a liquidator is appointed by shareholders. A liquidator becomes answerable to both the shareholders and creditors. This process can be carried out successfully without involvement of the court. However, a liquidator may decide to seek help from court in order to be directed on the way forward. Liquidator can be removed from power by the court if there is need to.

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.

Management of company that has been dissolved, cannot tamper wither the asset of company concerned. As soon as a liquidator is appointed, directors are not allowed to issue directives. Immediately liquidation order is given to a given company, its employees become dismissed. After commenced of dissolution process, suing the company without the knowledge of liquidator is not allowed.

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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