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Liquidation

Liquidation is nothing more than the closing of one door and the possible opening of another.

Do you have any questions?
We help you to act early

Nobody relishes the prospect of liquidating the enterprise that they’ve worked long and hard to build. Nonetheless, if it comes to our qualified insolvency specialists can help to ensure that you grasp the nettle and take control of the situation. A timely liquidation can also reduce your risk of reckless and disadvantageous trading.

By acting early, you are able to reduce your risk of compulsory liquidation.  We can assist in cases of voluntary liquidation to ensure the best deal for the company and its shareholders. In some cases, we can help a company not to dissolve altogether but merely to restructure. For groups that want to simplify their corporate structure, strategic liquidation can be an effective aspect of the simplification process.

How can we help you?

Liquidation is the process of winding-down a business and distributing a company’s assets when it is no longer able to pay its debts and function as intended. There are three different types of liquidation. As skilled and experienced company liquidation specialists, we can assist in cases of voluntary liquidation.

Creditors Voluntary Liquidation

A Creditors Voluntary Liquidation (CVL) is the windingup of a company that is unable to meet it’s debts as they fall due and is therefore deemed insolvent. The Liquidator’s role is to wind up the company’s affairs, realise the assets and distribute the net proceeds to the creditors

When a company becomes insolvent, the CVL option is the most common type of restructuring procedure. The process of placing a company into CVL is as follows:

  1. The directors call a meeting of the shareholders followed by a meeting of the creditors.

  2. A Statement of Affairs is presented at the creditors meeting. The creditors have the opportunity to review the Statement of Affairs and put questions to the Directors in respect of the financial position of the company.

  3. The creditors then ratify the appointment of a liquidator

 

Service Offering:

Insolvency and restructuring processes are challenging, stressful times for stakeholders. We recognise this. We bring together a combination of business management, tax, accounting and company law skills to conduct efficient, orderly wind downs and distribution of assets in creditor voluntary liquidations.

Our team appreciate that no two insolvency circumstances are the same and our specialist team at Baker Tilly can offer bespoke strategies to shareholders, directors and stakeholders alike.

Members Voluntary Liquidation

A Members Voluntary Liquidation (MVL) is a process that enables shareholders’ to appoint a Liquidator in order to formally wind down a solvent company. The Liquidator realises the company’s assets and ensures that there are no outstanding company liabilities. Once they have finalised this process, a capital distribution is paid to shareholders either in specie or from funds held in the company.

  1. Allows a liquidator to take over duties and responsibilities from the directors

  2. Can be a very tax efficient method of distributing assets to shareholders

  3. It is not necessary to bring all statutory filings up to date

  4. Savings on ongoing audit, tax compliance, statutory filings and accounting costs

  5. Averts the danger of involuntary strike off due to non-filing of statutory returns; and

  6. The period for reinstatement of a company/ICAV to the relevant register is limited to two years post dissolution

 

Service Offering:

We provide an efficient and comprehensive service advising on statutory winding up procedures and implementing the necessary steps to asset realisation and corporate dissolution.

We have a dedicated team of multi-disciplinary professionals with deep experience in asset realisation and dissolution of:

  • Private companies

  • Regulated fund and management companies

  • ICAV corporate fund structures

  • Special Purpose Vehicles (SPVs) and Section 110 companies

  • Offshore tax resident companies

  • Corporate non-filing structures; and

  • Multi-jurisdictional group companies

Compulsory or Court Liquidation

Compulsory liquidation, also known as court liquidation, is a formal insolvency process where a company is forced to liquidate by a court order. This happens when a creditor, typically due to non-payment of debts, petitions the court to wind up the company, leading to the appointment of a liquidator to manage the company's assets and distribute them to creditors.

Compulsory liquidation is distinct from voluntary liquidation (CVL or MVL), where the company's directors initiate the liquidation process without court intervention. 

By acting early, you are able to reduce your risk of compulsory liquidation.  We can assist in cases of voluntary liquidation to ensure the best deal for the company and its shareholders.

Why Baker Tilly

1

Baker Tilly is Ireland’s leading provider of insolvency and restructuring solutions

2

We have acted in everything from the largest, most complex restructuring and workouts in the Irish state. We have a dedicated team to assist companies and directors with the provision of insolvency and restructuring solutions

3

Our insolvency and restructuring experiences includes a wide range of industries such as credit unions technology, construction, real estate, hospitality, tourism and property sectors amongst others.

4

Our 100 strong team of experts bases in offices throughout Ireland is highly experienced across the entire corporate restructuring spectrum.

Our team
Photo of John Russell
John Russell
Partner
Photo of Patrick Mohan
Patrick Mohan
Manager

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