How to Manage a Business Liquidation Process

How to Manage a Business Liquidation Process

Did you know that more than 340 companies declared bankruptcy last year? Needless to say, once an insolvent company decides to liquidate its assets, the process of business liquidation can start.

Liquidation of assets may be the best option if you’ve chosen to close your firm and are unable to transfer it to a new owner, combine it with another company, or sell it as-is. But, if you’re unfamiliar with Chapter 11 of bankruptcy or businesses insolvency as a whole, don’t worry. We’ve got you covered.

Keep on reading for our full breakdown of everything you need to know about the business liquidation process and how it all works.

What Is Business Liquidation?

When a company cannot pay its obligations, the government may force it into liquidation. This is referred to as ‘involuntary liquidation.'” Creditors or a majority of shareholders may also petition the court to get a court order, but this is the most common method.

Voluntary liquidation is a decision made by a group of shareholders or creditors. If a firm is insolvent or otherwise unable to continue, it may liquidate. After going through voluntary administration or a Deed of Company Arrangement (DOCA), the company may have concluded that the firm is no longer sustainable and elected to wind it up through voluntary liquidation.

Once a corporation has been declared insolvent, unsecured creditors must seek authorization from a court to proceed with legal action or continue their claims. Bank accounts have been stopped, and its board of directors has lost its power. The liquidator has the last say on any other trade.

Liquidation may run as long as required, but the process must adhere to specific regulations and procedures depending on the kind of liquidation undertaken.

Liquidation vs. Voluntary Administration: Understanding the Differences

It’s important to note that voluntary administration differs from liquidation.

Involuntary administration may lead to company liquidation. However, this is not a certainty. To assist the company get back on its feet and resume regular operations, the board of directors can appoint an external administrator.

A DOCA, a return to director control, or even liquidation are all options for the company. On the other hand, liquidation signifies that the business will cease and no longer be available for trade.

Voluntary administration allows for a wider variety of options than liquidation, which inevitably leads to the firm being shut down, even though both procedures include hiring a professional.

The Basics of Business Liquidation: Examine Your Assets

Begin by putting together a current inventory of your business’s resources. Each item should include a picture, the serial number, and a short description of its condition.

When it comes time to sell your assets, having an inventory on hand can save you a lot of time and money. It will also come in handy if you ever have to justify the transaction to your creditors or the IRS (IRS). In short, you’ll want to get an administrator likeĀ on your side to simplify the entire process.

The next step is to work on getting your assets ready for the market. Keeping out-of-date or worn-out equipment, furniture, or inventory might reduce the value of your marketable assets. Donating them to a worthy cause will only help you save money on your taxes.

Wash, paint, or repair any objects you want to sell if they are dirty or damaged. If the sale is hosted in your place of business, make sure it is spotless.

Prepare to show off your gear. Do not forget to save a copy of the warranties and repair records.

Avoid scaring away potential customers. Contact your local Department of Ecology for a list of firms that buy hazardous waste goods like old chemicals and batteries if you have them on your premises. Dispose of them appropriately if you can’t sell them.

Calculate the debt. Make sure you don’t merely return your rented products if you have the opportunity to buy them. With a forklift, you could pay off the loan and then sell it on the cheap, making some money.

You’ll Want to Find Buyers for Your Company’s Assets

Next, you’ll need to identify purchasers for the property that has been paid in full. But, keep in mind that this applies only for the assets that you have not used as collateral for another loan to get a second loan.

Find customers by reaching out to people in your business, such as suppliers and rivals. Customers’ lists, business names, and product names may also be of interest to your competitors, as may your intellectual property (trademarks, copyrights, and patents).

It’s possible to locate buyers for your equipment and fixtures. All you need to do is start advertising them online at sites like eBay, Craigslist, or bid4assets.

For example, if you’re in the construction sector, look for websites that specialize in auctions of high-tech or construction-related equipment.

An experienced company broker or professional liquidator may be a wise choice if you own multiple valuable assets. Be prepared for a return of little more than 80{db9acdd2b5204ea72ac6ab2312f7630b6e282665344bcd151a43454148e44b67} at most. You may be able to get a tax break if you donate things that are difficult to sell, such as old computers and office furniture.

Business Insolvency and Liquidation: Simplified

Amid insolvency problems, trying to keep your priorities and paperwork in order can seem like a herculean effort. Hopefully, our guide has shed some light on business liquidation and how to manage the process with calm and poise.

And, if you enjoyed reading our article or you’re hungry for more legal advice, you can head straight to our legal section. You’ll find a plethora of explainers and tips that can help you make sense of the wide world of legalese.

Harriet Ballard