Draft for review
Company liquidation

A company with no equipment may still hold rights worth investigating

Identify evidence of potentially valuable non-physical company rights without assuming ownership, transferability or sale value from a brand or website alone.
Corporate Recovery Partners
CRP Lisa avatar beside LOOK BEYOND PHYSICAL ITEMS and An empty yard does not describe every company right.
Give the adviser specific evidence of potential value. on a monochrome 1609 cover.
01 / 06

No machinery does not describe the whole position

The debtor says it has no assets, and its yard is empty. Before treating that statement as a complete picture, consider whether there is reliable information about non-physical rights connected with the business. A brand, software product or licence may merit a question. Their existence does not establish company ownership, transferability or a recoverable value, so avoid turning visibility into an unsupported asset valuation.

02 / 06

Identify the right rather than the business reputation

Record the particular name, registration, agreement or product that raises the question. Use lawfully available information and distinguish the company from its directors or related entities. A website carrying the debtor's name may be operated under an arrangement with someone else. Give the adviser the source of your information rather than asserting that the company must own everything it uses.

03 / 06

Put the information to the proper person

ASIC describes collecting and selling company assets as part of a liquidator's role. If there is an appointment, provide the practitioner with the specific lead. If not, ask your legal adviser what lawful enquiries are appropriate. Do not attempt to seize online accounts or pressure customers to assign rights to you in satisfaction of the unpaid invoice.

Source: ASIC: Liquidation, a guide for creditors

04 / 06

Consider a hypothetical licensing arrangement

Imagine a debtor selling a software service under a recognisable name. The software may be owned by another entity, licensed on restrictive terms or dependent on people who have left. Alternatively, the company may hold a right worth examining. These possibilities require documents and assessment; website traffic or an old sales figure does not resolve them.

05 / 06

Separate existence from realisable value

Ask what further ownership, contractual or valuation evidence would be needed and whether it is proportionate to obtain. Even an owned right may have little sale value without support, access or a willing buyer. Keep investigation costs and uncertainty visible. Do not put an optimistic brand value into a recovery forecast merely to justify spending more on the debt.

06 / 06

Use the lead to improve the decision

Record the information supplied and the response received. Let the relevant adviser or practitioner assess the next step. The useful contribution is a defined question about a possible company asset, not a confident claim that an empty business must still be valuable. Any decision to fund recovery should reflect the evidence that can actually be established.

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