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The following article was published in our article directory on December 3, 2009.
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Article Category: Finances
British judicial system is considered amongst the best in the world. Indeed, the judiciary system is regarded for its strict upholding of law under any situation. Moreover, there are some instances where this court participation can give rise to more problems instead of granting a solution.
Member Involuntary liquidation, for example, is an arrangement that is generally carried out under the management of a court. Critics guess that this involvement might prove cumbersome and even unfavourable while the supporters of court intervention say that it is essential to have a legal validation to the entire process.
Before elaborating the details of voluntary liquidation, it is apposite to explain what actually liquidation is. As the name shows, liquidation is the dissolution or reorganization of a company after it fails to carry out its business in a normal manner. Defaults or bankruptcies play a key role in this regard. Fights among the shareholders, and litigations and losses also include to the malfunctioning of a company, along with other things.
There are three fundamental types of liquidation. These are:
Compulsory liquidation
This type of liquidation is oftenly conducted under orders of a court. Paradoxically, the liquidation itself is accomplished because of a court proceeding. Normally, a person or group of persons files a case in a banking court regarding the financial or administrative failure of a company. The court hears the arguments of both sides and settles the case after reviewing the overall scenario of a company.
This type of liquidation is the unfortunate one as the company might lose its name as well as market value, because of arduous battles in the court.
Member Voluntary Liquidation
The shareholders of the company execute member Voluntary Liquidation. Shareholders press for liquidation if the company is unable to perform its business and is falling under debts. The total debts, yet, remain lower than the total value and assets of a company. A company remains solvent even after liquidation is accomplished and everyone gets some monetary gains, including the shareholders.
Courts are not normally involved in this type of liquidation. As the shareholders carry out the proceedings, courts remain aside from the whole process until a shareholder enters a formal appeal in the court. There are cases when some shareholders and interest groups are not satisfied with the whole process and consider that a court can settle out the deals in a more appropriate manner. Courts will finally be involved in that case as they have to hear the petitions. Otherwise, they should not be involved in Member Voluntary Liquidation cases. It all depends on the relationship between the shareholder groups and the overall financial position of a company.
Creditors' Voluntary Liquidation
The members of a company that is buried deep under debts carry out this type of liquidation. The debts are higher than the entire worth and assets of the company. Hence, the company becomes bankrupt after liquidation.
Keywords: company voluntary arrangement, Member voluntary liquidation, Business Debtline
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