insolvency ip control

insolvency ip control

Didn't find your answer?

Dear all,

Company was ordered into compulsory liquidation by the high court. The official receiver was appointed as liquidator, and now, without having held a creditors meeting have appointed some big firm as IP for the company as there are assets to be dealt with.

Now I understand that an Ip can be "controlled" by a liquidators committee. But the minimum a liquidation committee needs to be is 3 creditors.(correct me if I am wrong). The only creditors is a positive loan account for one director of the director(ie NOT overdrawn) and HMRC. There might be smaller creditors, ie upto 100 pounds each orso. However, Can the director call for a liquidator meeting, and set one up? But it is highly unlikely to be attended by any other creditors and just one will show up.

What about the sole shareholder, cant they call a member meeting and control the liquidator that way to retain the value in the company?

What we are concerned about is that although the OR will get their statutory fees, that the IP will obviously look at the bank balance available, rubs their hands with glee, and look to charge the company 100k's orso in fees despite there not needing to be much work doing.

ANy advise? Looking to minimise the cost of the liquidator......????

private messages are invited obviously!

Replies (1)

Please login or register to join the discussion.

By LucasJohnson
07th Mar 2014 06:43

Short answer

I have sent you a PM as you mentioned, but to answer the query in general yes it is possible for one or more creditors, representing at least 25% of the company's creditors to request a meeting to remove the liquidator.

 

See my PM for more details.

 

Kind regards

 

Kevin

Thanks (0)