Get Familiar with The Directors Role in Creditor’s Voluntary Liquidation Process
CVL or creditor’s voluntary liquidation involves directors, who decide to wind up the insolvent company. The CVL process is voluntarily based because of several months of insufficient cash flow and the possibility of turnaround successfully gets stifled. Another situation is when an insolvent business has no workable future as a profitable entity determines to enter creditor’s voluntary liquidation solution.
When is a company classified as insolvent?
There are a couple of tests that help to determine if the business is insolvent or not.
- Cash flow test – If the company cannot meet its liabilities and they fall back in paying their debts, then it is considered as cash flow insolvent.
- Balance sheet test – When the liabilities outweigh the company assets, then it is determined as a balance sheet insolvent.
What are the liabilities of the company directors?
When the directors feel that the company is on the verge of becoming insolvent, then they need to take steps to reduce the impact it will have on the creditor’s outstanding dues. Obviously, there will be many questions you seek answers to like –
- Will liquidation help?
- Will you be held personally responsible for the tax debt of your business?
- How will liquidation affect leased assets?
- Can the business be saved?
For voluntary liquidation Sydney, you can consult The Insolvency Experts. It is ASIC regulated and licensed liquidation firm and the best advisory to get answers, solutions, and options.
When the directors feel that the business is insolvent, they need to obtain no more credits and be careful in paying the credits especially when there is no adequate cash to pay every person you owe. If you chose to pay one or two creditors then this will be regarded as biased payment. This can make you personally liable to repay all the creditors in a succeeding liquidation process. Safeguard the on-hand cash and assets of the business. Never sell it or move it out of the company.
If you continue to trade while you are aware that the business is insolvent can be very risky. You may be held personally liable to trade in this situation. It is wise to seek advice from insolvency lawyers, who will offer available options. The experts ensure that you perform the duty as an insolvent company’s director compliantly. Thus, your risk of trading wrongly decreases.
How will the CVL process help?
There are formal insolvency processes like CVs and administration that can help to turnaround a struggling business but at times the company is beyond rescue. It is wise to put an end via liquidation. It will allow the creditors to regain as much cash as possible via selling assets if any. Besides, the directors will also be able to move on.
A CVL closes the company along with its outstanding debts. Assets are sold to repay the creditors. However, the creditors may suffer significant losses because the unpaid amount gets written off. If you signed a personal guarantee on the borrowed funds, then this will not be written off and you will be personally liable to pay it.
A CVL differs from Member’s voluntary liquidation. You can get to know about it from The Insolvency Experts.
