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The rules require an insolvency professional to be independent of the corporate debtor in order to act as a liquidator for the company. Under IBC, a liquidator attempts to realise the assets of the company at the best possible value under the supervision of the National Company Law Tribunal (NCLT).
The administration of the liquidation begins. selling or closing the business. identifying and selling the company's assets. contacting and receiving claims from creditors.
Thus, all secured creditors must be paid in full before unsecured creditors may be paid anything; and all unsecured creditors must be paid in full before holders of equity receive anything.
The liquidator's fees must be covered by the insolvent company. If that company has no money or assets, then the directors themselves have the responsibility. Liquidators fees are known as remuneration, and these fees need to be signed off on by creditors.
Shareholders. Shareholders are the final group to be paid.
The unsecured creditors would be paid off with the remaining cash from liquidation. If any funds are left after settling all creditors, the shareholders will be paid ing to the proportion of shares that each holds with the insolvent company.
The last group to receive payment when a company goes into liquidation are the shareholders. Since shareholders have taken a business risk in lending funds to the company, they have no entitlement to distribution till all other group of creditors have received payment.
The Bottom Line In general, secured creditors have the highest priority followed by priority unsecured creditors. The remaining creditors are often paid prior to equity shareholders.