A Simplified Guide to Liquidating a Business
Liquidating a business is a difficult and complex process. According to a report by the Small Business Administration, around 20% of small businesses close shop within their first year of operation – that percentage goes up to 50% within the first five years. If you are considering business liquidation, you can take comfort in the knowledge that it is not easy for anyone.
It can take a tremendous mental, psychological, and physical toll on an individual. At the end of the day, the best one can do is to make do with the situation at hand and produce the best results possible. If you are looking to learn how to go through business liquidation, here is a step-by-step process to give you a bit of clarity.
Step 1: Seek the help of legal and financial consultants.
The process of liquidating a business consists of a myriad of legal and financial procedures that can be simply overwhelming for someone without the right expertise or experience. Before even getting started, seek professional advice from lawyers, financial advisors, and accountants to gain a better understanding of the legal implications and requirements of business liquidation. The critical information you gain can give insight into the best steps to take moving forward.
Step 2: Map out your liquidation plan.
After consulting with legal and financial professionals, the next step is to create a liquidation plan. A liquidation plan details the steps you must take to liquidate your assets and settle your debts. Make a list of all the assets that can be sold, the process by which they will be liquidated, and the estimated profits that can be made from each transaction.
Additionally, you should list down all your creditors in order of priority of payment and, alongside, the exact amount owed to each one. This detailed plan should be created with the help of your legal and financial advisors to ensure that you are not infringing upon any financial or legal boundaries.
Step 3: Notify the relevant parties.
Before starting the process, make sure to formally communicate to the relevant parties your plan to liquidate the business. Communicating the situation in advance can help mitigate the negative impact of the liquidation process and provide clarity on the current standing of the business.
Notify creditors of the liquidation process and the estimated schedule of debt settlement. Communicate internally with your employees and let them know of the potential impact of the liquidation on their job situation. Finally, contact your suppliers to take note of outstanding invoices and when they are scheduled to be paid.
Step 4: Start asset liquidation.
Once you have formally communicated your business liquidation plan to the relevant parties, your next step is to begin selling off your assets. This can cover everything from real estate property and intellectual property (IP) rights to even office equipment and product inventory. Make sure to follow your liquidation plan as you are selling your assets and indicate how you are selling them off.
Depending on the assets you are liquidating, you can explore various avenues such as private sales, online marketplaces, and public auctions. To get the best possible price in your transactions, consider collaborating with professionals. This way, you can also make sure you meet the legal requirements of the sale.
Step 5: Settle debts.
After you have liquidated your assets, proceed with settling your debts with your creditors. As mentioned above, your liquidation plan should include a list of creditors in order of when they will be paid off. Similarly, work with your legal and financial counsel when working through your creditors list to ensure 100 percent compliance.
Step 6: File for dissolution.
After all your debts have been cleared, the last step of the process is to file for dissolution. This means officially dissolving the business by filing paperwork with the appropriate government departments. Make sure to work with your financial and legal team throughout the filing process to avoid any legal issues in this last step.
In conclusion, liquidating a business is never easy, but there are ways to make it less difficult. Acting in complete compliance with legal and financial requirements can remove significant friction from the process. If you follow the above step-by-step process closely, you are more likely to go through a smooth business liquidation process and achieve the best results possible.