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    PracticeACCAACCA LW — Corporate and Business Law Practice Exam 3Question 39
    Medium1 markMultiple Choice
    Syllabus G: Insolvency lawSection ACorporate and Business Law

    ACCA · Question 39 · Syllabus G: Insolvency law

    What is the key difference between a Members' Voluntary Liquidation (MVL) and a Creditors' Voluntary Liquidation (CVL)?

    Answer options:

    A.

    An MVL is initiated by the court, while a CVL is initiated by the creditors.

    B.

    In an MVL, the directors must make a statutory declaration of solvency; in a CVL, the company is insolvent.

    C.

    An MVL applies only to public companies, while a CVL applies to private companies.

    D.

    The liquidator in an MVL is appointed by the court, whereas in a CVL they are appointed by the members.

    How to approach this question

    Distinguish between solvent and insolvent voluntary liquidations.

    Full Answer

    B.In an MVL, the directors must make a statutory declaration of solvency; in a CVL, the company is insolvent.✓ Correct
    A Members' Voluntary Liquidation (MVL) is used when a company is solvent. The directors must swear a statutory declaration of solvency stating the company can pay its debts within 12 months. If they cannot make this declaration, the process becomes a Creditors' Voluntary Liquidation (CVL), where creditors have control.

    Common mistakes

    Assuming a Creditors' Voluntary Liquidation is initiated by the creditors (it is initiated by the members, but creditors take control).
    Question 38All questionsQuestion 40

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