Au moment of the early dissolution of a company, a liquidator is appointed by associates . In the context of a judicial liquidation, these are the judges who designate one when the recovery is considered impossible. Here is an answer to the question: when is it necessary to appoint a liquidator ?
La amicable liquidation may be considered when the company is able to honor its professional debts and is not in a state of cessation of payments. She offers a certain simplicity and flexibility to partners.
Thus, it is possible for them to to choose the person who will take care of the liquidation formalities : one of the partners, the manager or a third party. The appointment of the friendly liquidator must be made upon early dissolution of the company and is usually found in the minutes of dissolution.
When a company is unable to pay its debts, it must file for bankruptcy and resort to collective proceedings before the courts. THE judges will then decide the judicial liquidation of the company if its recovery clearly appears Impossible. The objective being to preserve the interests of creditors. When this decision is made, the court must issue a opening judgment, in which he appoints a liquidator.
This person must have certain diplomas and/or demonstrate specific experience and qualifications. The public prosecutor can also propose a person to occupy the position of judicial liquidator, but the judges can decline this proposal and specify the reasons.
Le judicial liquidator enjoys a remuneration, the amount of which is set by decree.
Also read on the topic of closing a business:
Answer: The process for appointing a liquidator typically includes approval by the general meeting of shareholders, consideration of the nominees' offers, and acceptance of the appointment by the relevant regulatory body.
Answer: The appointment of a liquidator must generally be made within two months of the decision to close down the company.
Answer: A liquidator should be qualified and have experience in business and finance, and should have a degree in law, accounting or finance.
