Company Liquidation in Dubai
Company liquidation in Dubai is an insolvency operation in which a company is wound up and all of its properties are dissolved. The proceeds are used to repay debts, cover expenses, and distribute any residual excess to the company’s owners.
HLB HAMT is one of Dubai’s and the UAE’s major auditing and business consulting firms. Considering the expertise in finishing the process of company liquidation in UAE, our specialists will make your job easier.
Liquidators in Dubai
A liquidator is a UAE-registered agency or firm, usually an accounting or audit company, that is tasked with selling the company’s assets in order to earn cash and pay off any remaining debts. Immediately after being chosen, the liquidators in Dubai will provide a formal letter of acceptance. They will write a statement of affairs and a liquidator’s reports until all of their responsibilities have been fulfilled, which are necessary to finish the liquidation proceedings.
The following are the responsibilities of the liquidator:
- Assess the firm’s assets and liabilities. A Liquidator will be responsible for dividing the company’s residual earnings from the asset sale.
- Provide information to the company’s creditors on a regular basis.
- Ensure that business assets are collected and distributed properly.
- Prepare the statement of affairs and the final liquidators’ report.
Types of Liquidations
Compulsory liquidation and voluntary liquidation are the two main types of insolvent company liquidations
If a company’s liabilities aren’t paid properly, creditors can ask the courts to dissolve it so that they can get their money. In order to pay off existing debts, the courts may compel a firm to liquidate and dispose its assets. In the instance of compulsory liquidation, a liquidator may be chosen by shareholders by resolution or by the courts.
The winding up of a firm that has been accepted by shareholders is known as voluntary liquidation. When a firm’s owner determines that the company has no point in keep functioning, such a choice will be made.
Business Liquidation Services in UAE
A business liquidation service in UAE is the process through which the firm reclaims all of its commercial activities and must close down. When it is determined that a firm’s services cannot be continued, the company must shut down. This might happen for a variety of reasons.
The firm’s obligations may considerably outnumber its assets, putting the corporation in danger of going bankrupt. The firm will have to close down if it cannot continue to operate. Liquidation of a firm can also be optional if the management has decided to close it down for reasons that are known to them. Following the liquidation procedure, all of the business assets are used to cover all of the company’s obligations. If some assets remain after all of the business liabilities have been resolved, they are sold, and the profits are divided up amongst the business’s directors and shareholders.
Company Liquidation Process
In order to preserve compliance, it is critical for a company to execute all of the stages associated with company liquidation in Dubai. The liquidation procedure will differ depending on the three conditions listed below:
The following are the stages involved in company liquidation in Dubai or the rest of the UAE:
- Drafting and acceptance of a dissolution resolution by the shareholders
In the case of Limited Liability Companies (LLCs) incorporated in the UAE, the resolution must be certified by a Notary Public. If the shareholders are not present in the UAE, the resolution must be notarized and certified at the relevant UAE embassy, followed by attesting at the UAE Ministry of Foreign Affairs and Ministry of Justice.
- Hiring of a liquidator and reception of the liquidator’s formal acceptance letter
- After receiving a provisional liquidation certificate, the firm can proceed to publish a notice of liquidation in both English and Arabic in a public journal.
- Filing of the shareholders’ resolution to the applicable licensing body, together with all needed paperwork and payments.
- 45-day notice period will be required where,
- Work permits and visas for all workers and partners will be terminated.
- Immigration Department clearance letter
- Department of Labor clearance letter
- Utility company clearance letters – water, power, and telecommunications
- Letter of approval from the leasing company (landlord)
- Letter of approval from the Road and Transport Authority (RTA)
- Federal Customs Authority clearance letter (FCA)
- Letter of closure of a bank account
- FTA has sent a VAT de-registration letter as well as a VAT clearing letter.
- The liquidator can create the Liquidation Report once the notice period has ended.
- The final Report, including all associated paperwork and the requisite cancellation costs, should then be sent to the appropriate Authority.
- The Authority will examine the application and, if it is granted, will issue a “License Cancellation Certificate.”
Documents Required for Company Liquidation in Dubai
Different sorts of documentation must be presented for the liquidation procedure, according to the Dubai government. The following papers are necessary for company liquidation in Dubai:
- Copy of the license
- Copy of the Memorandum of Association (MOA), with any changes
- Power of Attorney, if any
- Copies of all shareholders’ passports
- Copy of your Emirates identification
- Resolution of the shareholders
- De-registration application form
Why is company liquidation required?
Any corporate team’s ultimate option is to liquidate the company. This implies the company can no longer operate and will have to close down. There are several advantages to a firm liquidation, including:
- Liquidation is an option for businesses that want to commence again or do not like to be associated with a particular company in any manner.
- It will enable the company’s assets to be distributed properly. During the liquidation process, all of the company’s assets are first used up to cover the company’s liabilities, following which the excess funds are liquidated and the money distributed to the shareholders.
Frequently Asked Questions – Company Liquidation
How can an individual liquidate a company in Dubai?
To dissolve a company in the UAE, registered and approved liquidators must be hired.
Why is it necessary to liquidate a business?
If a company collapses owing to anything from a lack of imaginative management to mounting indebtedness; from almost-zero income inflow to rising costs of superfluous assets, liquidation is inevitable. Liquidation is also required in the lack of revenue planning and monitoring over the continuity of losses over long periods of time.
How can HLB HAMT assist with the liquidation of a company?
HLB HAMT provides liquidation services for all entities in Abu Dhabi, Ajman, Dubai, Fujairah, Ras Al Khaimah, and Sharjah, including limited liability companies, free zone businesses, and offshore corporations. Assist with the preparation of documents such as the Board resolution, power of attorney, audit report, liquidator’s statement, and others that are essential for the liquidation process.
What happens to employees when a company liquidates in the UAE?
If arbitrary dismissal is confirmed, the court will force the employer to compensate the employee, according to Article 123 of the UAE Labour Law. In addition to compensation, the employee can claim his company for his gratuity, notice period dues, and any other outstanding dues.
What specific approvals are needed for cancelling a private shareholding company?
The company passes a special resolution to wind up the company voluntarily. The voluntary winding-up begins on the date the resolutions are passed, and it should also appoint a liquidator.
What are the requirements for freezing a Dubai License?
You must give the following information:
- A letter from the corporation or institution requesting a temporary suspension of license.
- a letter from the Ministry of Human Resources and Emiratisation stating that the license does not have any sponsored persons on it
- DED’s inspection section has issued a report.
Is it possible to cancel a company’s dissolution before the payment voucher is issued?
Yes, with the agreement of the DED’s Legal Affairs Department.
What documentation and processes are needed to terminate a single proprietorship License?
A no objection letter from the Ministry of Human Resources and Emiratisation is required for sole proprietorships, as well as evidence of residency cancellation for non-Gulf citizens.
What happens to a branch if a firm founded in one emirate but controls a branch in another emirate is dissolved?
The branch will be closed down.
What is the procedure for liquidation?
- For more than two years, the license expiry date should have expired.
- The Emirati partner must accept responsibility for the firm.
- The company must offer supporting documentation to back up the dissolution request, such as a partner’s exit.
- A document from the Ministry of Human Resources and Emiratisation certifying the absence of sponsored personnel on the license is required.
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