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Compulsory liquidation

Compulsory liquidation is when a court orders a company to be wound up, usually after a creditor presents a winding-up petition because a debt has not been paid. HMRC is the most common petitioner in the UK. Once a petition is presented, section 127 of the Insolvency Act can make any payments out of the company void, which is why banks routinely freeze the company accounts as soon as the petition is advertised in The Gazette. The court appoints the Official Receiver, and trading stops. If you act before the hearing you often still have alternatives, such as paying or disputing the debt, agreeing time to pay, or moving to a controlled Creditors Voluntary Liquidation or administration. After a winding-up order is made, those options largely disappear, so the days before the hearing matter enormously. Speak to a Licensed Insolvency Practitioner immediately. Insolvency Act 1986, s127; gov.uk

This is time sensitive. If you have been served a demand or petition, options narrow fast. Speak to a Licensed Insolvency Practitioner today.

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The statutory windows on a winding-up petition. The gap before advertisement is when you can still act. What to do if you are served.

The timeline you are working against

A petition is served, then advertised in The Gazette no earlier than seven business days later, then heard at court. Our winding-up petition timeline tool maps the key dates, including when your bank is likely to freeze the account. Acting in the gap between service and advertisement is usually the difference between keeping control and losing it.

What you can still do before the hearing

Depending on the facts you may be able to pay or settle the debt, genuinely dispute it, apply to adjourn, agree a Time to Pay arrangement with HMRC, or move to a director-led CVL or administration. Each has strict timing, so take advice the same day you are served.

The numbers behind this

See the live official figures on our winding-up petition tracker. How many winding-up petitions creditors are filing, the step before compulsory liquidation. All figures come from named official sources on our UK business distress data hub.

Common questions

My bank account is frozen, why?

Because a winding-up petition has probably been advertised. Section 127 voids company payments made after the petition, so banks freeze accounts to protect themselves. A practitioner can sometimes obtain a validation order for essential payments.

Can I stop a winding-up petition?

Sometimes, if you pay or properly dispute the debt, or reach agreement with the creditor, before the hearing. The earlier you act the more chance you have. After the order is made it is very hard to reverse.

What happens to me as a director afterwards?

The Official Receiver investigates the company and director conduct. You are not automatically personally liable, but you should expect scrutiny, which is another reason to take advice early and keep good records.

What happens when a company goes into compulsory liquidation?

The court makes a winding-up order, trading stops and the Official Receiver takes control. Company assets are sold and the proceeds are paid to creditors in the legal order of priority. Employees are dismissed and can claim from the Redundancy Payments Service, and the company is eventually dissolved.

How long does compulsory liquidation take?

The winding-up order is made at the hearing, but fully closing the case, selling assets and distributing funds can take from several months to a couple of years, depending on the assets, claims and any investigation into director conduct.

How much does compulsory liquidation cost the director?

The process is paid for from company assets and the court fees are met from the petition, so there is usually no direct fee for the director to pay. The real cost is loss of control: a director-led CVL lets you choose the timing and the practitioner instead.

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