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Standard Declaration of Solvency (Members' Voluntary Liquidation)

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Source file

Jurisdiction

England and Wales

Contract party

Relevant sectors

Type of legal document

💳 Declaration of solvency

Business activity

Voluntary liquidation

Why use a 💳 Declaration of solvency?

A declaration of solvency is a statement made by a company to its shareholders declaring that the company is financially solvent and will be able to pay its debts when they come due. This declaration is usually made before the company goes public, or when it is first formed.

The Standard Declaration of Solvency (Members' Voluntary Liquidation) is a legal template specific to the United Kingdom that delineates the process by which a company undergoing voluntary liquidation can declare its solvency. This document is typically employed when the members/shareholders of a solvent company decide to dissolve it and distribute its assets amongst themselves. It serves as a formal declaration, affirming the company's ability to repay all debts and liabilities in full within a stipulated timeframe.

The template outlines the necessary components of the declaration, including the identification of the company undergoing liquidation, details regarding its solvency status, reason for winding up, appointment of a liquidator, and the intended distribution of assets among members/shareholders. It also stipulates the specific legal framework within which the declaration is made, ensuring compliance with relevant UK legislation, such as the Companies Act and Insolvency Act.

By utilizing the Standard Declaration of Solvency, companies undergoing voluntary liquidation can provide a clear and formal undertaking to their stakeholders, including creditors, that all outstanding obligations will be settled in an orderly manner. This document not only facilitates the liquidation process but also offers protection to members/shareholders against potential future claims and legal disputes.

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