What Happens to the Assets During and After a Company Liquidation?
When a company enters liquidation, one of the main focuses is on its assets. The assets are the valuable items, properties, equipment, stock, intellectual property, and sometimes contracts or goodwill owned by the company. Understanding what happens to these assets during liquidation is crucial for directors, creditors, employees, and stakeholders.
- What Are Company Assets?
Company assets include everything a business owns that has value and can be sold or used to pay creditors. Common types include:
- Tangible Assets:Physical items like machinery, vehicles, office equipment, inventory/stock, property (land/buildings), and cash.
- Intangible Assets:Non-physical but valuable items such as patents, trademarks, copyrights, brand goodwill, domain names, and customer contracts.
- Receivables:Money owed to the company by customers (debtors).
- Financial Assets:Bank accounts, investments, or other financial instruments.
- Who Takes Control of the Assets?
Once a company goes into liquidation, a licensed Insolvency Practitioner (IP) or liquidator is appointed to take control of the company’s assets. Their primary duty is to:
- Identify, collect, and safeguard all company assets.
- Realise (sell) these assets to raise funds.
- Use the proceeds to pay creditors in a legal order of priority.
- Provide reports to creditors and Companies House.
- The Process of Realising Assets in Liquidation
- Asset Identification and Valuation
- The liquidator first conducts a detailed review of all company records and physical premises.
- They identify all assets, including hidden or overlooked ones.
- Assets are valued by experts or market appraisals to determine their worth.
- Securing and Protecting Assets
- The liquidator ensures all assets are safeguarded from theft, damage, or misuse.
- This might involve changing locks, removing assets to secure locations, or securing intellectual property rights.
- Asset Sale Methods
- Private Sale:Selling assets directly to buyers interested in specific equipment or inventory.
- Auction:For items like machinery, vehicles, or office equipment.
- Going Concern Sale:Sometimes the entire business or part of it is sold as a ‘going concern’ (an operational business). This can preserve value and jobs.
- Online Sales:Increasingly, assets may be sold on online auction platforms or marketplaces.
- Pre-Pack Administration:Although more common in administrations, this involves arranging the sale of assets to new owners before liquidation is public, allowing for smoother transition.
- Recovering Debts and Receivables
- The liquidator also chases debts owed to the company, maximising the funds available for creditors.
- Legal and Priority Order of Asset Distribution
Once assets are sold, the money raised is distributed to creditors according to a strict legal hierarchy:
- Costs of Liquidation:The liquidator’s fees and expenses come first.
- Secured Creditors:Those with a fixed or floating charge over assets (banks, mortgage holders).
- Preferential Creditors:Often includes employee wages, holiday pay, and certain pension contributions.
- Unsecured Creditors:Trade creditors, suppliers, contractors.
- Shareholders:Any remaining funds after all debts are paid.
If asset sales don’t cover all debts, unsecured creditors often receive only a portion or no payment.
- What Happens to Specific Types of Assets?
- Property and Real Estate
- Owned company property (offices, warehouses, land) is sold to repay creditors.
- Leasehold properties may be surrendered or assigned to new owners.
- If the company rented premises, leases are usually terminated.
- Stock and Inventory
- Stock is sold quickly to maximise cash, often at discounted prices.
- Slow-moving or obsolete stock may have minimal value.
- Machinery, Equipment, and Vehicles
- These are typically auctioned or sold privately.
- The value depends on condition and market demand.
- Intellectual Property and Brand Names
- Patents, trademarks, copyrights, and domain names are valuable intangible assets.
- They may be sold to competitors or investors who want to continue the business.
- Sometimes, brands survive liquidation if purchased by new owners (e.g., Debenhams, Comet).
- Contracts and Goodwill
- Customer contracts or supplier agreements might be transferred with the sale of the business.
- Goodwill — the company’s reputation and customer loyalty — can be a significant asset in going concern sales.
- Can the Directors Keep Any Assets?
- Directors cannotkeep any company assets once liquidation starts.
- Any attempt to do so is illegal and can lead to serious penalties, including being held personally liable.
- Assets must be handed over to the liquidator immediately.
- What If the Company Has No Assets?
- If a company is insolvent and has no or very few assets, the liquidation is called a “no asset liquidation.”
- The liquidator still completes the process but informs creditors that there will be no distributions.
- This can still be a beneficial way to formally close the company and relieve directors of ongoing liabilities.
- How Long Does It Take to Sell Assets and Close the Liquidation?
- The time to sell assets varies depending on asset type, market demand, and complexity.
- Simple liquidations with straightforward assets may take 3-6 months.
- Complex cases, especially with property or legal disputes, may take 12 months or more.
- Liquidators provide updates and reports to creditors regularly.
- Examples of Asset Sales and Outcomes in Real Company Liquidations
Example 1: Carillion
- The giant UK construction company Carillion went into liquidation in 2018.
- Liquidators sold off assets including contracts, equipment, and property.
- Despite large debts, some business units and assets were sold to competitors, preserving parts of the business and some jobs.
Example 2: Thomas Cook
- Thomas Cook collapsed in 2019, and its assets including brand rights, customer databases, and intellectual property were sold.
- The brand was later revived by a new company focusing on online travel services.
Example 3: BHS (British Home Stores)
- BHS entered administration and its assets were sold.
- Some stores closed, but the brand and some assets were acquired by other retailers.
Example 4: Maplin
- Electronics retailer Maplin liquidated in 2018.
- Stock and fixtures were sold in clearance sales.
- The brand was later bought and relaunched online.
- Why It’s Important to Get Expert Insolvency Advice
- Asset realisation is complex, requiring legal and market knowledge.
- Insolvency Practitioners ensure assets are maximised to pay creditors fairly.
- They also help directors comply with legal obligations and avoid personal liability.
- Locations We Support for Asset Realisation & Liquidation Services
Our insolvency and liquidation experts assist companies across the UK, including:
Major cities: Glasgow, Edinburgh, Manchester, Leeds, London, Oxford, Birmingham, Liverpool, Sheffield, Bristol, Newcastle, Nottingham, Derby, Southampton, Coventry, Leicester, Cambridge, Brighton, York, Reading, Portsmouth, Milton Keynes, Stoke-on-Trent, Swansea, Cardiff, Plymouth, Bath, Cheltenham, Exeter, Gloucester, Hereford, Luton, Northampton, Peterborough, Preston, Salford, Sunderland, Warrington, Walsall, Wolverhampton, Worcester, Blackpool, Bournemouth, Buxton, Matlock, Derby.
Smaller towns: Rochdale, Aylesbury, Stoke Mandeville, Bury, Wigan, Altrincham, Macclesfield, Telford, Halifax, Dewsbury, Barnsley, Hinckley, Cannock, Maldon, Saffron Walden, Abingdon, Cirencester, Faversham, Lichfield, Bicester, Witney, Didcot, Great Yarmouth.
Villages: Prestbury, Alderley Edge, Clifton, Middleton Tyas, Eccleston, Culcheth, Hartfield, Haxby, Tibshelf, Wellow, Burford, Longhope, Eynsham, Great Tew, East Ilsley.
- Summary: The Crucial Role of Assets in Liquidation
The assets of a company are its most valuable resources in liquidation. How they are identified, valued, protected, and sold can make a significant difference to the outcome for creditors, directors, employees, and even the future of the business itself.
Effective asset management during liquidation can:
- Maximise returns for creditors.
- Enable parts of the business or brand to survive.
- Allow employees to retain jobs in business transfers.
- Help directors close the company properly, avoiding personal risk.
If you’re considering liquidation or facing insolvency, expert guidance on asset realisation is essential. We provide trusted support throughout the UK, ensuring a fair, transparent, and legally compliant process.