July 12, 2024

All About Company Liquidation in Dubai

Company Liquidation in Dubai

Dubai mostly holds the title of being one of the major business attractions of the desert region. But less spotlight is thrown on the fact that often, businesses do not follow a straight trajectory and may end up in a different place altogether than what you envisioned.

Sometimes, despite commendable efforts, the businesses might not take off or go woefully wrong after some time. And in a few cases, it may reach a point where the closure of the company becomes the only viable option. 

This is where you need to have adequate knowledge about company liquidation. There are steps and procedures to shut down or close a company completely and legally, and they need to be followed that way as well. Read ahead to learn how you can liquidate your company without any major hassles in Dubai.

Defining Company Liquidation

Formally, company liquidation is the process by which a technically active business entity is dissolved. It involves selling all company assets, settling any outstanding invoices and debts, and finally getting the company’s license canceled. 

This is often done when a company has ventured too much into losses and isn’t promising any more profitable potential, or the operations need to be ceased due to other reasons like the end of contracts, a conflict of interest within the current market, etc. Company liquidation is seen as one of the most organised ways of winding down operations and ensuring a clean closure in the business lane.

Types of Company Liquidation

In Dubai, no matter the reasons that may have led to this, there are two main reasons for company liquidation.

  • Voluntary Liquidation

In the most common business scenario, this is how companies often meet their ends. When the company’s shareholders make a unanimous decision to shut down, the process is initiated through a shareholders’ resolution, and this also requires the presence of a licensed liquidator. 

  • Compulsory Liquidation

This refers to a liquidation through legal orders. This can occur due to various reasons, like violations of commercial regulations, creditor claims, or any kind of insolvency. The liquidator in these cases is a court-appointed one who oversees the entire process. 

Company Liquidation: The Entire Process 

Once you start the process of company liquidation, it means that you are agreeing to make your company cease to exist any longer. If your company is a sole proprietorship, then you have no need for a liquidator. 

However, if your company falls into the category of a limited liability company or a general or limited partnership, then a licensed liquidator will be necessary. Here’s what the entire process includes:

  • Shareholder Resolution: First and foremost, the shareholders of the company need to formally agree upon a documented resolution to dissolve the company. This resolution must be attested by a notary public in the case of a registered LLC (limited liability company).

[This resolution, along with accompanying documents and required fees, will be submitted to the relevant licensing authority for a provisional liquidation certificate.]

  • Appointing a Liquidator: A licensed insolvency liquidator or firm needs to be chosen and appointed to oversee the entire liquidation process. The collection of an official acceptance letter by the liquidator is mandatory.
  • Companies that are required to appoint a liquidator: As per the regulations, the following companies are required to appoint a licensed liquidator:
  • General partnership companies
  • Limited liability companies
  • Simple limited partnership companies
  • Public joint stock companies
  • Private joint stock companies
  • Publication of Liquidation Notice: After the provisional liquidation certificate is issued, the company must publish a notice of liquidation in a public newspaper, after which the notice period commences. During this notice period, all pending tasks like bank account closure letters, all kinds of clearance letters, cancellation of work permits and visas for registered employees, etc. will take place.
  • Business Cessation: The company now needs to halt all its business operations and trade activities altogether. This is where the actual asset realisation will take place. 
  • Notification for Creditors: All the business creditors are hereby notified of the liquidation process and are given a specific timeframe to submit their claims.
  • Debt Settlements and Asset Sales: Now, the liquidator needs to identify and settle all outstanding company debts with the creditors by selling all the company assets.
  • Final Accounts and Distribution: The liquidator needs to prepare the final accounts report that reflects the company’s financial position. If there are any more funds after the settlement of debts, then those funds are distributed among the shareholders.
  • Company Deregistration: Also known as ‘License Cancellation’, the liquidator will prepare the final liquidation report. This, along with other accompanying documents, will be submitted to the higher authority along with the fees for the license cancellation. This is also called a license cancellation certificate. 

Vital documents to be maintained for liquidation processes

The entity that is undergoing the liquidation process will be required to maintain the following documents in order to get the process completed smoothly: The documents are listed below:

  • A copy of the trade license
  • The MOA
  • The power of attorney
  • Passports’ copy of all the shareholders
  • Copy of the Emirates lD
  • Shareholders’ resolution
  • The application for deregistration.

Liquidators’ assistance in the liquidation process

Certain companies are required to appoint a licensed liquidator for the purpose of the liquidation. Liquidators play a major role in the process; some of them are listed below and are performed by them:

  • Evaluation of the assets and liabilities and ensuring proper accounting: The liquidators, after being appointed by the entity, assess the assets and liabilities, debts and equity, receivables, payables, etc., and ensure the proper valuation of such assets and liabilities and their proper management. These are then sold at their values, and the obligations are also  at the correct values.
  • Management of the credit claims and the proper settlement: It is the obligation of the liquidator to collect the proceeds from the sale of the assets, then settle all the obligations and the claims of the creditors and other parties.
  • Meeting the legal and other administration requirements: The liquidator has the duty to prepare all the legal documents that relate to the liquidation process and that depict the financial position of the company.
  • Mediator among interested parties: The liquidator then acts as a mediator for the stakeholders, creditors, and financial institutions and provides useful insights about the liquidation process.
  • Resolving all the obligations of the entity: The next obligation includes the discharge of all the possible obligations of the company and ensuring that all the claims are met and satisfied with the required amount.

Circumstances When a Company Is Liquidated

There are different situations that require a company to be completely liquidated. While conflicts of interest and disputes may seem common, there can also be other reasons, such as:

  • Change in Business Direction

Sometimes, while the company steadily moves towards success, there may be a point where you realise you may need to restructure your company entirely because your goals have changed or you’ve suddenly found more purpose in a different venture. 

  • Financial Shortcomings

Financial shortcomings are one of the biggest reasons why a business venture might need to be liquidated. This can happen when you’re unable to find new investors or if your business has been making more losses and accumulating more debt. Liquidation is a good step to avoid further financial strain.

  • Heading Towards an End Date

Suppose your business was established with a predetermined end date. It could be contractual, or if your company is a project-based one, then you may choose to liquidate after fulfilling all project-based requirements. 

Conclusion

Company liquidation in Dubai may seem daunting, but the experience doesn’t have to be. If you are sure of the decisions and are convinced that this is the best step, then it is best to seek proper professional help and guidance to assure a lawful and proper closure. The liquidation process can be simplified if you approach professional services, as they can get it done in very little time and cost. The experts can help you solve all the major issues that might be confronted during the liquidation process of your company in Dubai.

And as for closure, it doesn’t always have to be a sad one. Every ending can be a gateway into a new beginning!

CDA for Your Company’s Liquidation Needs

Company liquidation can be a severely taxing experience for all entities and people involved. But with CDA’s perfect professionals at your service, it doesn’t have to be. Appoint CDA’s seasoned people for your company’s liquidation needs for a smooth closure experience. The professionals at CDA can guide you through the procedures involved in the liquidation process. Our team can help you settle all the legal obligations, get approvals from the authorities, get the documents sorted, etc. for liquidation purposes. Even after the liquidation process, our team can provide you with the required assistance for starting a new business with a fresh start.

The best part is that it’ll give you time to plan your next venture!

Learn more about our business setup services here.