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Discussion in 'Insolvency' started by Iffy22, Feb 8, 2018.
Can I remove assets from my Ltd Company which has ceased trading and is insolvent?
You can buy them from the company. Or you can have a new company buy from the insolvent company.
What sort of assets are we talking about and what do you mean by "remove"?
If they would otherwise be seized by the landlord it is perfectly lawful to remove assets and put them in a place of safe keeping.
If the realisable value of the assets is sufficient to fund the appointment of a liquidator, then that is what they should be used for. If they are of minimal realisable value, the situation is a little muddier.
We need more information.
What are you doing with the Ltd Co? If it has sufficient assets it should be Liquidated.
You can buy the assets back at market value based on a professional valuation - the Lqr would help you with this to ensure you are not committing any misconduct.
The business was a coffee shop, assets included couple of fridge/freezers, tables & chairs, and dry stock which the market value is 2K to 4K hence not enough to appoint a liquidator.
Can I Remove them and put them in a safe place till one of the creditors decide to liquidate the company.
I have declared myself bankrupt and resigned as a director. The company has no director as I was the sole director. There isn’t sufficient assets to pay the creditors.
£3-4k is enough to Liquidate through Court but you no longer have the power as you are no longer a Director due to your Bankruptcy.
Creditors will be highly unlikely to Liquidate.
If I was still a director would I have to sell the assets first then pay the court fees which is £1880. What will I be liquidating if the assets are sold?
Also, as I no longer have power what happens to the company and assets now?
The Company has been left in limo and will probably be struck off by Companies House in the future for non filing of statutory returns.
At which point any assets remaining will vest in The Treasury Solicitor/Bona Vacantia.
In practice no doubt abandoned for the landlord to deal with.