Define liquidating assets

Posted by / 26-Mar-2019 04:26

Property which is in the possession of the company, but which was supplied under a valid retention of title clause will generally have to be returned to the supplier.Property which is held by the company on trust for third parties will not form part of the company's assets available to pay creditors.

Voluntary liquidation begins when the company passes the resolution, and the company will generally cease to carry on business at that time (if it has not done so already).

In that case the general meeting will appoint the liquidator(s).

If not, the liquidation will proceed as a creditors' voluntary winding-up, and a meeting of creditors will be called, to which the directors must report on the company's affairs.

In some legal systems, in appropriate cases, the liquidator may be able to bring an action against errant directors or shadow directors for either wrongful trading or fraudulent trading.

The liquidator may also have to determine whether any payments made by the company or transactions entered into may be voidable as a transaction at an undervalue or an unfair preference.

define liquidating assets-22define liquidating assets-54define liquidating assets-48

Liquidation may either be compulsory (sometimes referred to as a creditors' liquidation) or voluntary (sometimes referred to as a shareholders' liquidation, although some voluntary liquidations are controlled by the creditors, see below).