Voluntary Liquidation is, as the name implies, undertaken voluntarily. Either the shareholders of a company initiate voluntary proceedings or the company directors undertake them. The legal formalities differ in each case, but in either case, the services of a licensed insolvency professional will be employed.

In essence, Members' Voluntary Liquidation occurs when the shareholders in a company agree that they want to wind up a business in which they hold shares even though the company has enough assets to pay its debts.

 The company is still solvent, but for other reasons is considered to be unviable. At the winding-up hearing, a court order will be sought and when it is obtained, the insolvency practitioner will be appointed. The company directors will need to provide proof that the company is solvent and can pay off its creditors within 12 months. In some cases, they must pay these debts with interest, in others as of the time of the formal declaration of liquidation.


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