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Winding up, bankruptcy, receivership and administration

 


These are disturbing words and you would be worried if you heard them mentioned in connection with a customer. You would be even more worried if you heard them mentioned in connection with you or your business.

These are very large subjects and the following are only outline explanations of some of the terms involved:

* Winding up happens to a company, rather than an individual. The company is dissolved and ceases to exist. If it is an insolvent business, not all of the creditors will get paid in full. Winding up is done by a liquidator.


* Bankruptcy happens to an insolvent individual or partnership. In the case of a partnership, all the partners are made bankrupt.

 

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* Receivership is when an administrative receiver is put into a company to secure the assets of a company. Creditors petition the court for receivership and a receiver is appointed by the courts.


* Administration happens when an administrator is put into a company to run it, and to try to save it. If this is not possible, the administrator will try to achieve the best results for all the creditors.


* Licensed insolvency practitioner - only a licensed insolvency practitioner can be a liquidator, administrative receiver or administrator. Insolvency practitioners are licensed by a variety of bodies and have an umbrella group called the Association of Business Recovery Professionals.

In business matters, initial advice is generally best obtained from your accountant or solicitor. For details of who may be able to offer help, see the page in this guide on debt advisory bodies. You can also find information on help available at the Insolvency Service website.

Insolvency in Scotland is dealt with by the Accountant in Bankruptcy (AiB).

 

Courtesy of:

http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073791084

 

 

HEALTH CHECK

If you feel the STRESS is affecting your health then it may be advisable to end the cause of the stress. It may mean a few changes in your life, but remember that you've probably ridden a bumpy ride so far and shown how resourceful you are; so to end the cause may not necessarily mean an ending of a chapter, but the starting of a new one. You are resourceful, you are competent, so therefore a new start is maybe just what you need. You will find an article about stress should you need it within this website.

 

 

DISCLAIMER – Reading and understanding the legalities of Liquidation and Bankruptcy on this website is no substitute for proper legal advice. Whilst the information within this website is a good guide, there maybe situations where the information is not understood correctly or miss-interpreted.

 

 

 

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