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Liquidation

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    Liquidation Articles

    Wikipedia

    Liquidation

    In law, liquidation is the process by which a company (or part of a company) is brought to an end, and the assets and property of the company redistributed. Liquidation can also be referred to as winding-up or dissolution, although dissolution technically refers to the last stage of liquidation. The process of liquidation also arises when customs, an authority or agency in a country responsible for collecting and safeguarding customs duties, determines the final computation or ascertainment of the duties or drawback accruing on an entry.19 CFR ยง159.1

    Liquidation may either be compulsory (sometimes referred to as a creditors liquidation) or voluntary (sometimes referred to as a shareholders liquidation, although some voluntary liquidations are controlled by the creditors, see below).

    Compulsory liquidation
    The parties who are entitled by law to petition for the compulsory liquidation of a company vary from jurisdiction to jurisdiction, but generally, a petition may be lodged with the court for the compulsory liquidation of a company by:
    # the company itself
    # any creditor who establishes a prima facie case
    # contributoriesThose shareholders who may be required to contribute to the companys assets on liquidation, for example, in the United Kingdom, see sections 74 and 75 of the Insolvency Act 1986
    # the Secretary of State (or equivalent)
    # the Official Receiver

    Grounds
    The grounds upon which one can apply for a compulsory liquidation also vary between jurisdictions, but the normal grounds to enable an application to the court for an order to compulsorily wind-up the company are:
    # the company has so resolved
    # the company was incorporated as a public company, and has not been issued with a trading certificate (or equivalent) within 12 months of registration
    # it is an "old public company" (i.e., one that has not re-registered as a public company or become a private company under more recent companies legislation requ read more at » http://en.wikipedia.org/wiki/Liquidation

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