What is voluntary liquidation?
Voluntary liquidation is a process where a solvent company voluntarily winds up its affairs, settles liabilities, realises assets, distributes surplus funds, and applies for dissolution under applicable law.
Who can opt for voluntary liquidation?
A solvent company that has no intention to continue business and is able to pay its debts may opt for voluntary liquidation, subject to approvals and compliance requirements.
Is declaration of solvency required?
Yes, directors are generally required to provide a declaration of solvency confirming that the company can pay its debts in full from the proceeds of assets or available funds.
Who conducts voluntary liquidation?
Voluntary liquidation is conducted by an appointed liquidator, usually an insolvency professional, who manages claims, assets, distributions, filings, and closure procedures.
What documents are required for voluntary liquidation?
Common documents include financial statements, asset and liability statements, declaration of solvency, board resolutions, shareholder resolutions, creditor details, statutory records, and liquidation reports.
How long does voluntary liquidation take?
The timeline depends on the company's assets, liabilities, claims, pending compliances, and NCLT processing time. Proper documentation and early compliance review can help reduce delays.
What happens after voluntary liquidation is completed?
After completing claims, asset realisation, distribution, reports, and filings, the liquidator applies to the NCLT for dissolution of the company.