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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.

Voluntary liquidations occur immediately shareholders agrees to close down operations of given company. On the other hand, process is said to be compulsory, when court order terminates the operation of business. Dissolution of a company is enhanced considering whether business is solvent or 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.

For a voluntary liquidation to occur appointment of liquidator is done by the shareholders. The appointee becomes answerable to creditors and shareholders. No need of involving court, if process is carried out in a fair manner. In case, a liquidator feels that there is need of assistance from the court he or she may consider consulting. Court may order withdrawal of a liquidator, if he or she is found incapable of handling issues at hand.

Board of directors may commence dissolution process, if the constitution of a company allows. When business is insolvent, creditors have the mandate of supervising dissolution. On the other hand, shareholders may take control during dissolution, if company is solvent. Registrar of companies, majority directors or creditors may apply for dissolution of a company.

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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