A business can have different kinds of creditors: secured and unsecured. Both types of creditors have rights when a company goes under company liquidation in UAE. For secured creditors, they enjoy a defined hierarchy in terms of repayment. This means they are allowed in getting repaid before other creditor groups.
There’s a general assumption that a company’s unsecured creditors only have a few rights when a company is liquidated. But, unsecured creditors actually have the right in influencing proceedings. Unsecured creditors are also entitled in being fully informed with regards to a company’s liquidation.
Company Liquidation in UAE: Rights of secured Creditors
Secured creditors of a company, as mentioned earlier, lead the hierarchy in terms of repayment as soon as the liquidation costs have been covered. Creditors with fixed charges for the assets of a company are entitled in receiving funds from the sale of the assets in the process of company liquidation.
A fixed charge is often granted by a banking institution or a lender that’s asset-based with a fixed charge. A fixed charge is often for hard assets like plant and machinery, vehicles, land, and property. Intangible assets such as patents and intellectual property can also have a fixed charge. Creditors, secured and unsecured, both have the right in challenging the remuneration of an appointed liquidator in UAE if they have proof that it’s too high. This can be done through a court application.
Read more: Liquidation procedure in UAE
Company Liquidation in UAE: Rights of unsecured Creditors
- Hold meetings for creditors – unsecured creditors of a company undergoing company liquidation in the UAE can request an in-person meeting for creditors. Ten percent of the creditors (by number or value) or ten different creditors are able to make a request for a meeting to be held. Notices and proposals may be sent to all parties involved via electronic means.
- Appointment of a company liquidator – unsecured creditors can use their right in voting on the liquidator that will handle the voluntary liquidation of a company. Although shareholders may have already made an appointment, unsecured creditors have the option of choosing a different liquidator, unless the court appoints the professional.
- Form a liquidation committee – regardless of whether they’re voluntary or mandatory liquidation proceedings, a company’s unsecured creditors have right in forming a liquidation committee for creditors. This often consists of more than two members with roles of overseeing the entire process of liquidation on behalf of all unsecured creditors of a company. One of the initial duties of a liquidation committee is agreeing on the fee of the office-holder. The committee can also monitor the actions of the company liquidator during the whole procedure. Committee members don’t receive any fee or payment for taking on their role; however, they’re entitled in claiming reasonable traveling expenses.
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General rights of creditors of companies in UAE
- Receiving regular reports on updates of the liquidation proceedings from the appointed company liquidator. This includes the disposal of property. Final and interim liquidation accounts should be made available for viewing by creditors.
- Requesting a creditors’ meeting with the liquidator in UAE at any phase of the liquidation proceedings. The meeting dates can be agreed upon mutually in advance. If a creditor wishes for a creditors’ meeting even when it hasn’t been pre-arranged, he/she has the right in doing so.
- When a company undergoing liquidation is found to be in possession of assets that belong to creditors, the creditors can provide proof of ownership. The creditors can make a claim via the liquidator for the assets’ reimbursement or return.
- For unsecured creditors, they can claim interests for debts that are acquired by a company under liquidation. Creditors should have stated the intention in charging interests with the initial agreements or provided notices as a reminder that interests for debts are to become due.
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How money is distributed in UAE Company Liquidation
If there are still company funds that are leftover following the payment of the costs of the liquidator and secured creditors including company employees, the company liquidator has to pay the unsecured creditors with a dividend.
In general, the funds of the company are to be distributed in this order:
- Expenses for the company liquidation including the fee of the appointed liquidator
- Outstanding wages of employees
- Outstanding leave of absence of employees
- Retrenchment pay of employees
- Unsecured creditors
Creditors of a company undergoing company liquidation in UAE can also propose the appointment of a reviewing liquidator and inspect the financial records of the company and the liquidator. In UAE, all concerned parties to a company liquidation are to be abiding by the local laws and regulations in carrying out the process.
For more information regarding company liquidation and how we can help you with the process, talk to the seasoned company liquidators of Farahat & Co today!