10th November 2021
Members’ Voluntary Liquidation, or MVL, is a process that’s commonly used by company directors, sometimes when they wish to retire but there’s nobody else to take over. It’s a procedure that necessitates the appointment of a licensed insolvency practitioner (IP), and as such, it attracts professional fees.
Company dissolution also results in company closure but only costs £10, so on the face of it, and for financial reasons alone, appears to be the obvious choice if you’re thinking of closing a company that’s solvent.
There are other factors you need to consider, however.
If you look deeper into how each procedure works, and the potential implications for you as a director, the choice between the two processes isn’t quite as clear-cut. Other factors come into play, such as the peace of mind obtained when a licensed professional is involved, the potential for future litigation with company dissolution, and of course that cost.
So what should you consider when thinking about Members’ Voluntary Liquidation and company dissolution, and which process would be the best option when closing your limited company?
As we’ve already mentioned, Members’ Voluntary Liquidation attracts far higher costs due to the involvement of a licensed insolvency practitioner, who oversees and administers the process on your behalf.
Company dissolution is more of a ‘do-it-yourself’ option when a solvent company needs to be closed down, and apart from the expense of carrying out the necessary administrative steps, costs £8. But there’s another potential cost element involved with company dissolution that needs to be considered.
Once the MVL process is complete, the liquidator instructs Companies House to remove the business from the Register of Companies. You can be certain that all your statutory duties have been fulfilled as they’re in expert hands, and there will be no potential for reinstatement of the company or claims by creditors.
With company dissolution, the opposite is true. You fulfil your statutory duties yourself as a director, including informing all creditors without exception that you intend to close the company down.
If you accidentally omit to tell a creditor of this situation they can apply to have your company reinstated up to 20 years later, and take legal action to recover their debt. Clearly, this could have legal implications for you personally, as you’ve gone ahead and closed a company that was supposedly solvent.
Company dissolution does have its advantages, but it’s important not to underestimate the work that’s needed to carry out this procedure. You have to follow a strict and formal timeline when dissolving a company, starting with ceasing trade three months prior to the application for strike-off.
Statutory accounts, returns, and tax payments must all be brought up-to-date, all creditors have to be informed, and crucially you must be certain that your business is solvent and can repay its debts within 12 months of strike-off.
Members’ Voluntary Liquidation
MVL provides reassurance and peace of mind, as a professional assessment is made of your company’s financial position and a specialist is handling the procedure from beginning to end.
If you would like more information and advice on which process would be better in your circumstances – company dissolution or MVL – please contact one of our partner-led team at Real Business Rescue. We work from a large network of offices located around the country, and can offer you a free same-day consultation.