Wednesday, August 17, 2016

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.

Operation of a company that used to operate stops immediately one is said to be terminated. Thorough investigations are done, to confirm that indeed, there is need of dissolving a given company. Choosing a trustworthy liquidator is beneficial. Such a person will not only ensure that process is conducted fairly, but also in a transparent manner.

Liquidations are classified by the law into two main types. When shareholders decide to bring the company into an end, the process is called voluntary. On the other hand, process is called compulsory if court declares that the concerned company be closed down. It is important to note that dissolution can be classified differently depending on whether company is either insolvent or solvent.

Business is said to be insolvent, if it is unable to pay debts within the required time. This condition causes conflict between the particular business and the creditors. Law should be used correctly so as to facilitate proportionate distribution of assets. In other words, the magnitude of each and every claim of creditor is put into consideration before distribution is done. Secured creditors are prioritized during compensation. Law is used to ensure that none of creditors gains unfairly during compensation.

Voluntary liquidations occur immediately liquidator is appointed by company owners. Liquidator has the mandate of informing creditors together with shareholders on the progress of business. If correct procedures, are put in place, voluntary process can be carried out successfully without involving court. However, if liquidator feels that there is need of seeking help from court, he or she can do it. Court has powers of denying the liquidator powers of supervising entire process.

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.

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.

Secured creditors are dealt with before commencement of distribution process. Amount to be used during dissolution procedure is set aside. This amount comes from assets of company. Payment of individuals, who worked at the company before issuance of dissolution order is done. Creditors, of who are not secured are then paid. The reminder is then given to the shareholders.




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