Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › compulsory liquidation of private company
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- February 18, 2019 at 3:56 pm #505638
Hi,
In the mock exam there is the following question: which one of the following is not a ground for the Court to grant a compulsory liquidation winding up order of a private company?
a) the company has failed to obtain trading certificate within 12 months of incorporation
b)the company has passed a special resolution
c)the company is unable to pay its debts as they fall due
d)the number of members has fallen below the statutory minimumCan you explain why the correct answer is a? I would say the correct one is c.
February 18, 2019 at 9:07 pm #505664Private companies are not required to obtain trading certificates
OK?
February 18, 2019 at 9:28 pm #505668Thanks, that’s right! But I’ve seen in other similar questions that the fact that ‘the company is unable to pay its debts as they fall due’ is also not a ground for the court to gran compulsory liquidation. Is that right? Is there a difference between private and public companies?
February 19, 2019 at 7:49 am #505699No, an inability to pay debts as they fall due IS a ground for a Court order
The possible misinterpretation that you may have made here is that it is necessary to show the Court that the company is insolvent and is not simply ‘managing’ its cash resource in an aggressive manner
Thus it would probably be the case that you have to approach the Court to be granted ‘judgement’ on the debt (essentially the Court says that the debt is good and is payable)
For this to be available, you would need first to show that the amount outstanding was greater than £750 and had been outstanding for at least 21 days after you had requested it to be paid
Then you would need to appoint a sheriff or bailiff to enter the debtor’s premises with the judgement order and ask for settlement or seize goods to the value of …
And if settlement is not made or there are no goods available to be seized, then you would need to go back to the Court with your ‘proof’ that the company was unable to pay the debt and then … maybe! … the Court would grant a winding-up order
But an inability to pay its debts as they fall due IS certainly a ground for the Court to grant a winding-up order
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