Creditors’ Voluntary Liquidation

Helping You Navigate Business Liquidation with Confidence
We understand that sometimes unmanageable debt can lead to a situation where business owners just want to dissolve the business. Additionally, dealing with debt is stressful and sometimes liquidation is either unavoidable or the most appropriate solution under the circumstances. Our team will help ease the stress and anxiety that debts can cause on you and your family.
A Creditors’ Voluntary Liquidation takes place when the shareholders of an insolvent company agree to wind up the company. The shareholders will seek professional assistance and appoint a Liquidator.
How Liquidation Can Provide Relief for Business Owners
The role of a Liquidator (such as Insolvency Options) is to wind up the business’ affairs; realise all business assets and distribute the proceeds fairly to employees and creditors. Lastly, deregistering the company. When a company is in this process (or after the liquidation is finalised), unsecured creditors cannot take legal action for unpaid debts. This can provide some relief for shareholders of the company.
If you are unsure whether liquidation is right for your business, contact our team today on 1800 463 328. We will work with you to discuss your business debt solutions and take the stress out of the situation.
Frequently Asked Questions
Liquidation (or winding up) is a term used when a company is being wound up. There are three types of Liquidation:
i) Creditors’ Voluntary Liquidation – insolvent winding up initiated by the Company,
ii) Court Liquidation – insolvent winding up initiated by a creditor,
iii) Members’ Voluntary Liquidation – solvent winding up.
A Creditors’ Voluntary Liquidation is a type of formal insolvency appointment. This type of insolvency happens when a company’s shareholders agree that the company can no longer pay its debts and they intend to wind up the affairs. When this happens, they appoint a Liquidator. Once the liquidation is finalised the company is deregistered.
A Liquidator is a qualified person that is appointed to wind up a company’s affairs. They are registered through the Australian Securities and Investments Commission and have a responsibility to all creditors.
A Creditor’s Voluntary Liquidation commences when a Liquidator is appointed to a company. This may occur as a result of the creditors decision during a meeting in the Voluntary Administration process. It also may occur at the termination of a Deed of Company Arrangement.
When a company enters into liquidation, creditors are unable to pursue legal proceedings against the company (unless permitted by the Courts). Once a Liquidator is appointed, creditors are informed through Liquidator’s reports of their rights and the financial position of the company. This includes reporting to creditors on assets, liabilities, the cause of the company’s insolvency and the likelihood of the financial return to creditors (dividends).
Once the Liquidator has performed their investigations into the company’s affairs, sold the assets and paid any Liquidator’s fees, expenses and employee entitlements, the creditors have rights to be paid what is owed to them. This is called a dividend. It is important to note that this does not mean that creditors will receive their full payment of their debt. Creditors will also need to submit a Proof of Debt form to prove how much debt the company owes you.
Employees are terminated when a company has entered the liquidation process. As the company is deemed ‘insolvent’, it means it can no longer pay its debts and its financial obligations to creditors.
Employees are treated in priority over unsecured creditors when it comes to any debts that can be recovered. If there are recoverable funds after liquidator’s fees and expenses are paid, employees have rights to be paid their entitlements. Their entitlements are categorised in a priority order; outstanding wages and superannuation, outstanding leave entitlements, retrenchment or redundancy pay.
After the appointment of a Liquidator, the Directors of a company have no director powers. They must assist the Liquidator in disclosing all properties, assets, books and records and any other records regarding the company’s affairs. A director must provide full disclosure of the company’s affairs to the Liquidator.
After the Liquidator has realised (accounted for and sold) the company’s assets and distributed proceeds back to interested parties. The Liquidator will report back to the Australian Securities and Investments Commission (ASIC). The company will then be deregistered three months after the Liquidator has lodged their final receipts and payments to ASIC.
Other Business Debt Solutions
When faced with business financial stress, we know things can be daunting. However, under the circumstances you may want to continue trading but don’t know how. Alternatively, you may want to wind up your business affairs or you may just need some advice.
Insolvency Options are the experts you can turn to when you need help.

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