Appointment of a liquidator

When a legal entity enters into liquidation, a liquidator is appointed either by a competent body of that entity or by a court.

When a legal entity enters into liquidation, a competent body appoints a liquidator (if multiple liquidators are appointed, they form a collective body). The method used to appoint a liquidator depends on the entity’s legal form. As a rule, the liquidator is appointed by the legal entity’s highest body. At business corporations, the liquidator is appointed and removed by the general meeting only if this is stipulated by the memorandum of association (for a private limited company) or by the articles of association (for a public limited company); there are no specific rules for a general partnership or a limited partnership.

If a legal entity is in liquidation and no liquidator has been appointed, all members of that entity’s statutory body exercise the powers of a liquidator. If a legal entity has entered into liquidation without appointing a liquidator, a court appoints a liquidator for it on its own motion. A court also appoints a liquidator if the court itself has decided to dissolve the legal entity. A liquidator who cannot be appointed in any other way may be appointed from the list of insolvency practitioners.

The liquidator’s fee and the method in which it is to be paid are set by the party making the appointment.

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