HomeFWJ TakeawayWinding up petitionsDefending a winding up petitionWhat happens after a winding up order is made?

After a winding up order is made, a liquidator is appointed to try and get money back in to the company and also investigate the conduct of the directors - and bring personal claims if appropriate. We act for directors and liquidators and have fantastic skills in this area. Let us help you.

After the judge makes the winding up order, an Official Receiver is appointed to act as a liquidator for the company. The Official Receiver is the government appointed liquidator.

The Official Receiver has various duties but the main ones are as follows:

  • to ensure that the winding up order is advertised properly in the relevant London Gazette;
  • that the winding up order is forwarded to the Registrar of Companies;
  • the Official Receiver also
    • undertakes investigations into the activities of the company and the former director(s) and/or managers of that business;
    • tries to recover monies back into the company in liquidation by selling assets and/or recovering monies which have wrongfully been paid out to third parties and/or connected parties.
    • ultimately, if assets can be sold or monies recovered back into the company, then a distribution can be made to unsecured creditors and the unsecured creditors may recover some of their losses.

In the event that there are assets of the company, sometimes the Official Receiver will call a meeting of creditors or will ask that an independent insolvency practitioner be appointed to help realise the particular assets.

At Francis Wilks & Jones we are familiar with the entire post winding up order process and also know many good insolvency practitioners who will be willing to act as liquidator and request that the case be transferred from the under-funded government Official Receiver so that proper investigations can be made of the company, its assets and the conduct of the former directors.

Our expert team of winding up petition solicitors at Francis Wilks & Jones is here to help you with any type of winding up petition enquiry or question. Contact one of our team of expert friendly winding up petition lawyers now for your confidential winding up petition consultation. 

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