Company formation Registration - HOME

Incorporating Company
Product and Services Price List
FAQs - Topics Companies House


Liquidation and Insolvency FAQs

How do I find out about placing my company in liquidation (or any other insolvency proceeding)?

Companies House guidance booklet 'Liquidation & Insolvency (GP08)' covers liquidation, receivership, administration and corporate voluntary arrangement, as well as giving general information on insolvency.

We recommend taking professional advice, eg. from a solicitor or insolvency practitioner, before going ahead with any of these proceedings.

[Please note that matters relating to striking a company from the Register are dealt with separately in guidance booklet 'Strike-off, Dissolution and Restoration'.

Where do I get the relevant forms for filing with the Registrar?

Notification of the appointment or cessation of a receiver, Forms LQ01 and LQ02 respectively, and notice of the appointment of a liquidator in a voluntary liquidation, Form 600, are available free of charge from Companies House. Some Insolvency forms are available on the Insolvency Service Website. All other insolvency forms can be purchased from a law stationer.

Do the people in charge of these proceedings hold any kind of qualification?

Since the implementation of the Insolvency Act on 29 December 1986, anyone undertaking the duties of liquidator, administrative receiver, administrator or supervisor of a corporate voluntary arrangement must be a qualified insolvency practitioner. Those holding the position of receiver manager or Law of Property Act receiver do not need this qualification, nor does anyone who was already in office before the Act was implemented.

How do I complain about the conduct of one of these qualified practitioners?

Complaints should be addressed in writing, accompanied by any supporting evidence, to:

Insolvency Practitioner Policy Section
Area 1.10
PO Box 20321
Bloomsbury Street
London
WC1B 3QW

They will pass it to the appropriate authorising body for action. Alternatively, you can contact the relevant authorising body direct.

I understand that a company is dissolved three months after a liquidation is concluded. I need the company to remain on the live Register for a time. If I write to you, will you defer the date at which the dissolution will take place?

The Registrar cannot defer the dissolution which follows a liquidation administratively. If the liquidation was a voluntary one, an application can be made to the court to defer dissolution. If it was a compulsory liquidation, an application would need to be made to the Secretary of State, at the following address:

The Insolvency Service
5th Floor
Ladywood House
45-46 Stephenson House
Birmingham
B2 4UZ

[Note: The deferment instruction in either case must be filed with the Registrar after the registration of the concluding documentation in the liquidation and before the date of dissolution. Once dissolution takes place, the only course of action then available is to apply to the court to have the dissolution declared void.]

What is the difference between a voluntary and a compulsory liquidation?

A voluntary liquidation, which can be either a members’ voluntary liquidation or a creditors’ voluntary liquidation, is brought about by resolution of the company and is conducted by a qualified practitioner. A compulsory liquidation is brought about by an order of the Court and can be conducted by the Official Receiver or a qualified practitioner.

A company owes me money. They have told me they have ceased trading but are not going into liquidation. Can I have them wound up?

It is possible for a creditor to petition the court to have a company placed into compulsory liquidation. Refer to the guidance notes and seek professional advice.

Whatever the proceeding, the company is insolvent and will eventually go off the Register, won’t it?

In a members’ voluntary liquidation, the directors swear a statement, known as a declaration of solvency, to say the company will be able to pay all its debts within a period not exceeding twelve months. The company would not be 'insolvent'. Only liquidations result in the company being automatically dissolved. It is possible, following the conclusion of a receivership, administration or corporate voluntary arrangement, for a company to remain on the live register and continue trading.