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Unit 10: Liquidation of Companies: Preparation of Accounts




             The realisable assets of the company are determined to be:                         notes

                                                                                   `
             Good trade debtors                                               170,000
             Five vans                                                         25,000
             Office equipment                                                   2,000
             Goodwill                                                              ?
             Total realisable value of assets                                 197,000

             The amounts owed out by the company are found to be:
                                                                `                  `
             Bank (secured by a debenture)                                    160,000
             VAT                                           120,000

             PAYE                                           60,000
             Other unsecured creditors                      20,000
                                                                              200,000
             Total creditors                                                  360,000
             The adviser explains that since a change in the law on 15th September 2008 VAT and PAYE
             are no longer classed as preferential creditors. The advisor prepares a statement of affairs
             which (ignoring the new rules on “top slicing”) shows the order of priority of distributing
             the realisable assets should a compulsory liquidation ensue.
                                                              `
             Realisable value of assets                    197,000
             Less: Payable to bankers under their floating charge   160,000

             Surplus cash available for other creditors which
             total ` 200,000 (subject to settling liquidators costs)   37,000
             Clearly the ` 200,000 of creditors could not expect much of a dividend in the liquidation
             after costs were deducted from the ` 37,000 net sum available to any liquidator.
             possible solutions
             If  it  is  assumed  that  the  company  has  been  restored  to  profitability,  but  is  subject  to
             the creditors overhang, then the company directors would have explained to them the
             following alternatives:
             1.   Freezing  the  situation  by  obtaining  an  administration  order  –  since  new  laws
                 were introduced on 15th September 2008 the appointment of  an  administrator is
                 a  much  simplified  process.  The  administration  “freezes”  creditors  actions  and
                 gives a breathing space to decide what to do. The appointment of an administrator
                 automatically adjourns the winding up petition.
             2.   Freezing the situation by proposing a company voluntary arrangement (CVA) – the
                 advisor points out that since 1  January 2008 there are two types of CVA that can
                                          st
                 be proposed. The advisor explains the pros and cons of each type. Only one of the
                 CVA’s creates an “automatic freeze” on the winding up petition.


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