Liquidation – Voluntary

Liquidations are often referred to as the start of the end of a company and usually, this is the case. The liquidation of a company can occur via several routes however in most cases, where the company decides it can no longer continue to trade as it is insolvent, the shareholders will appoint a liquidator.

To commence a liquidation the shareholders will typically sign a written shareholder special resolution that requires at least 75% of the company’s shareholder voting rights to be effective.

In certain circumstances a company may elect to appoint a liquidator by resolution of the board of directors provided the company’s constitution provides for this.

Importantly, the option to appoint a shareholder appointed liquidator is only available and effective if that liquidator is appointed before liquidation proceedings are served. This is a change in the legislation from 1 September 2020.

Directors and shareholders are encouraged to take proactive steps in assessing the solvency and continued viability of their business when served with a statutory demand.

If you are a shareholder or director of a company that needs to discuss insolvency options, please contact us to discuss the options available to you.

 

Other areas in Liquidation: Court Appointed, Solvent

 

Khov Jones is a specialist insolvency and consulting firm that delivers practical solutions to clients that encounter often challenging and complex issues. Our directors are Licensed Insolvency Practitioners.

With over 25 years of commercial experience providing specialist advice we have the skills and expertise to provide robust advice to clients when it counts.

Our specialist insolvency areas include liquidations, receiverships, voluntary administration and creditor compromises. We also undertake forensic accounting assignments and consult to our clients on insolvency related matters.

 

CONTACT

Auckland Office: I4, 59 Apollo Drive, Albany, Auckland 0632

Waikato Office: Level 7, 711 Victoria Street, Hamilton 3204

Postal: PO Box 302261, North Harbour, Auckland 0751

Phone: 0800 275 554

Email: contact@khovjones.co.nz