{"id":14164,"date":"2023-07-18T12:19:55","date_gmt":"2023-07-18T12:19:55","guid":{"rendered":"https:\/\/www.theukrules.co.uk\/?page_id=14164"},"modified":"2023-09-23T04:55:04","modified_gmt":"2023-09-23T04:55:04","slug":"directors-after-liquidation","status":"publish","type":"page","link":"https:\/\/www.theukrules.co.uk\/rules\/business\/closing-down\/liquidate-a-company\/directors-after-liquidation\/","title":{"rendered":"Directors after Liquidation | Accessing the Bank Account"},"content":{"rendered":"
DIRECTOR CONDUCT AFTER WINDING UP<\/strong>: Appointing the liquidator affects director conduct. Following liquidation, company directors:<\/p>\n During company liquidation ‘winding up’<\/a> the director must:<\/p>\n Note<\/strong>: In some cases, the liquidator may decide your conduct was unfit. If so, company director disqualification<\/a> can result in a ban for 2 to 15 years or a prosecution.<\/p>\n <\/p>\n <\/p>\n Note<\/strong>: There are strict rules about re-using company names after it has been liquidated.<\/p>\n The director of a company in compulsory liquidation<\/a> or creditors’ voluntary liquidation<\/a> gets banned for 5 years from forming, managing or promoting any business with the same or similar name to the liquidated company.<\/p>\n The ban also applies to the company registered name and any trading names (if relevant). Some exceptions apply such as where:<\/p>\n <\/p>\n <\/p>\n If someone files a petition to wind up your company<\/a> the bank account will get frozen. That means you would need a validation order to gain access to the account.<\/p>\n <\/p>\n <\/p>\n 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.<\/p>\n In most cases you will be applying for a validation order at the Companies Court. Download ‘Form IAA insolvency act notice<\/a>‘. Fill in form 1AA and send it with a witness statement to the court. There will be court administration fees<\/a> to pay.<\/p>\n <\/p>\n <\/p>\n 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.<\/p>\n 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:<\/p>\n 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.<\/p>\n Note<\/strong>: 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.<\/p>\n <\/p>\n <\/p>\n How to Liquidate a Company<\/a>: The key aspects to consider when liquidating your limited company. <\/p>\n <\/p>\n\n
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\nReuse Company Name after Liquidation<\/h2>\n
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\nAccessing a Frozen Company Bank Account<\/h2>\n
\nApplying for a Validation Order<\/h2>\n
\nAfter You Apply for a Validation Order<\/h2>\n
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\nALSO IN THIS SECTION<\/h4>\n
\n Compulsory Liquidation<\/a>: How company directors can apply to the court for a winding up order.
\n Creditors’ Voluntary Liquidation<\/a>: CVL involves creditors because the company cannot pay its debts.
\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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