Home / Guest Blogs / General Blog / Insolvency Procedures Series #3 - Creditors' Voluntary Liquidation

Insolvency Procedures Series #3 - Creditors' Voluntary Liquidation

14th November 2022

author:

Peter Worrall

Associate

Charles Russell Speechlys LLP

What is creditors’ voluntary liquidation (CVL)?

  • A procedure instigated by the members of an insolvent company, by which the assets of the insolvent company are sold, and the proceeds distributed to the creditors
  • At the end of the liquidation, the company is dissolved
  • The process is managed by an Insolvency Practitioner who is appointed as liquidator

How does a company enter CVL?

A company enters CVL if its members pass a special resolution that the company be wound up (section 84 IA 1986 and section 283 Companies Act 2006).

AdvantagesDisadvantages
Directors have more controlClosure of company
Staff (including directors) can claim redundancy payAll staff will be made redundant
Outstanding debts are written offDanger to directors if they have entered into personal guarantees
Legal action is haltedA CVL is a public process
Allegations of wrongful trading are reduced 
Low costs 
Avoid a court process 

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