This page explains what happens to directors after their company gets liquidated. Extra details clarify how to gain access to a company bank account after it gets frozen.
DIRECTOR CONDUCT AFTER WINDING UP: Appointing the liquidator affects director conduct. Following liquidation, company directors:
During company liquidation 'winding up' the director must:
Note: In some cases, the liquidator may decide your conduct was unfit. If so, company director disqualification can result in a ban for 2 to 15 years or a prosecution.
Note: There are strict rules about re-using company names after it has been liquidated.
The director of a company in compulsory liquidation or creditors' voluntary liquidation gets banned for 5 years from forming, managing or promoting any business with the same or similar name to the liquidated company.
The ban also applies to the company registered name and any trading names (if relevant). Some exceptions apply such as where:
If someone files a petition to wind up your company the bank account will get frozen. That means you would need a validation order to gain access to the account.
The person who files a winding-up petition is the 'respondent'. You must inform the respondent any time you apply for a validation order. You must also inform them which court you apply to and the date you will apply.
In most cases you will be applying for a validation order at the Companies Court. Download the 'Insolvency act notice' form IAA at HMCTS form finder. Fill in form 1AA and send it with a witness statement to the court. There will be court fees to pay and currently around £155.
As a rule, the hearing takes place on the same day or within a few days' of the application. The hearing is your opportunity to present your case. In most cases it will be to a registrar or a district judge.
The respondent also has an opportunity to present their case. It allows them to make an objection if they do not agree to you getting a validation order. After the completion of the hearing, you will either:
If you are successful the court will supply you with the validation order. You must then provide a copy of the order to your bank to gain access your company bank account.
Note: What if you disagree with the decision at the court hearing? In some cases you can make an appeal to the Chancery Division of the High Court.
How to Liquidate a Company: The key aspects to consider when liquidating your limited company.
Compulsory Liquidation: How company directors can apply to the court for a winding up order.
Creditors' Voluntary Liquidation: CVL involves creditors because the company cannot pay its debts.
Members' Voluntary Liquidation: MVL is the members' agreement to liquidate a solvent company.
What Does a Liquidator Do? A liquidator is the official receiver who conducts the liquidation process.
What Happens to Company Directors after Liquidation in the United Kingdom