Company liquidation is a legal insolvency process that concludes the operations of a business. When a Company goes through liquidation, its assets are sold to pay off its debts, liabilities, and commitments. Often known as ‘winding down’, the business license of a Company is cancelled upon liquidation, its name is deleted from the Trade Registry, and the firm is considered to have ended.
There can be diverse reasons for liquidation, the major ones are..
- The expiry of license/ duration stated in the articles of association or the accomplishment of the objective for which the entity was setup
- The loss of all or a major portion of the entity’s assets
- Mergers
- Shareholders’ approval that the entity’s term of existence can be brought to an end as per the stipulated majority, etc.
When a firm can no longer pay its debts, it might be dissolved either voluntarily or forcibly by the Authorities. There are two types of Company liquidation methods under the UAE law:
- Liquidation on a voluntary basis
There are various reasons for a corporation to voluntarily wind up, including the expiration of a defined period, the achievement of the firm’s mission, abandonment of the goals, merging with another firm, ongoing commercial setbacks, and the Company’s failure to afford its obligations.
- Liquidation on a compulsory or legal basis
The compulsory winding up of a Company relates to the necessary measure taken when a firm commits a major violation of the law or any other legal reasons. It also takes effect when customers submit complaints to government agencies to recover their assets. The Government Authorities then takes steps to dissolve the enterprise forcibly.
Who is a Liquidator?
The person who is in charge of conducting the liquidation process is termed the liquidator. The Court or Shareholders of an entity appoint a liquidator which depends on the type of liquidation as well. Immediately after being appointed, the liquidator will provide a formal letter of acceptance. The liquidator will prepare the liquidators report once all the responsibilities have been performed during the liquidation process.
License Cancellation
License cancellation is one of the primary steps in the liquidation process, and the formalities differ based on the form of Company. In the case of establishments and sole proprietorships, you will have to apply for cancellation through the Department of Economic Development (DED). Also, clearances need to be acquired from the below-mentioned departments-
- Ministry of Human Resources and Emiratization
- Directorate of Residency and Foreigners Affairs
- The Federal Tax Authority (FTA)
- The relevant Water and Electricity Authority
- The leasing entity
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