{"id":12384,"date":"2023-07-06T06:32:55","date_gmt":"2023-07-06T06:32:55","guid":{"rendered":"https:\/\/www.theukrules.co.uk\/?page_id=12384"},"modified":"2023-09-23T04:46:38","modified_gmt":"2023-09-23T04:46:38","slug":"compulsory-liquidation","status":"publish","type":"page","link":"https:\/\/www.theukrules.co.uk\/rules\/business\/closing-down\/liquidate-a-company\/compulsory-liquidation\/","title":{"rendered":"Compulsory Liquidation | Apply to the Court for Winding Up"},"content":{"rendered":"
COMPULSORY WINDING UP<\/strong>: This type of company liquidation<\/a> is also called ‘compulsory liquidation’. Before you can wind up a company the court will need to see:<\/p>\n Note<\/strong>: To close a company by compulsory liquidation it must carry out the majority of its business in England, Scotland, or Wales. But, the actual base for the business can be anywhere.<\/p>\n <\/p>\n <\/p>\n The first step in the process is to download ‘Form Comp 1: Winding-up petition<\/a>‘. Use this document to apply to the court to close or wind up a company if it cannot pay its debts. Fill in form Comp 1 and send it to the court along with:<\/p>\n The ‘paid-up share capital’ amount determines where you should send the winding-up petition. You may need to search Companies House register<\/a> to confirm company paid-up share capitals.<\/p>\n <\/p>\n <\/p>\n You can submit the petition online if the company paid-up share capital is \u00a3120,000 or higher. Using HM Courts & Tribunals E-Filing Service<\/a> means it gets sent to the High Court.<\/p>\n <\/p>\n <\/p>\n If the capital is under \u00a3120,000 you will need to search for your nearest court<\/a> that deals with bankruptcy.<\/p>\n When you find it, you can submit the form petition online if it happens to be any of these:<\/p>\n Note<\/strong>: The petition will need submitting by postal methods if it was not one of these courts.<\/p>\n <\/p>\n <\/p>\n There are several costs to pay when you apply directly to the court to liquidate a company:<\/p>\n The court will respond to you after you apply. They will send you a date for the hearing – providing they accept your petition. There are several steps to take before the court hearing takes place, including:<\/p>\n <\/p>\n <\/p>\n If you choose to attend the court hearing there is no need for you to give any evidence. But, if you choose not to attend, then your solicitor must go instead.<\/p>\n The court will assign an official receiver if they grant a winding-up order. The main responsibility of the liquidator will be liquidating the company. The court will also send a copy of the winding-up order to the registered office of the company.<\/p>\n Note<\/strong>: The role and responsibilities of a director change after the compulsory winding up of a company.<\/p>\n <\/p>\n <\/p>\n Liquidate a Company<\/a>: The key aspects to consider when liquidating your limited company. <\/p>\n <\/p>\n\n
\nHow to Apply Directly to the Court<\/h2>\n
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\nPaid-up Share Capital \u00a3120,000 (or more)<\/h2>\n
\nPaid-up Share Capital Less than \u00a3120,000<\/h2>\n
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\nFee for Compulsory Liquidation<\/h2>\n
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\nAttending the Court Hearing<\/h2>\n
\nALSO IN THIS SECTION<\/h4>\n
\n Creditors’ Voluntary Liquidation<\/a>: CVL involves creditors because the company cannot pay its debts.
\n Directors after Liquidation<\/a>: Find out what happens to company directors after appointing a liquidator.
\n Members’ Voluntary Liquidation<\/a>: MVL is the members’ agreement to liquidate a solvent company.
\n What Does a Liquidator Do?<\/a> A liquidator is the official receiver who conducts the liquidation process.<\/p>\n<\/div>\n
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