Find out what to think about if you’re considering closing or winding up an organisation, and in what circumstances you might need to consider it.
There are many reasons why an organisation might be thinking about closure. Not all of these reasons are negative, but it can be an emotional time and there can be lots to think about to make sure that you close down the right way and in line with any legal requirements. It’s important to plan ahead if you’re thinking about closing your organisation.
You might be choosing to close down because of:
If your organisation is insolvent this means that you don’t have enough assets (money) to cover the costs of running your organisation or delivering your services. This could include not having enough money to:
This may include any costs associated with closing the organisation down. If you are a company a liquidator will have to be appointed – this can be very expensive.
Insolvency can be complicated. If you are a company your directors should take professional advice as quickly as possible to avoid legal penalties under company law. If directors of a company knowingly (or even if they should have known) continue to operate whilst the company is insolvent, they could be held personally liable for any debts.
The Trustees should always know what the financial position of the organisation is and the cost to close the organisation down. This will usually help to set a reasonable level of reserves and can be done at each board meeting using this template Going Concern form (provided by Chiene and Tait):
Trustees, Directors, committee members or a senior employee who are usually the first to think about closure, but you need to know how decisions are made within your own organisation – check your constitution first of all to see how and who can make this decision. If you are a membership organisation it is likely that you will need their involvement and formal approval to close down your organisation. If you are a registered charity, you will need permission from OSCR before you can close.
You may have already decided that closing your organisation is the best thing to do. But you may also feel that your organisation still has aims and objectives that it hasn’t met, or people who still need your support. If the way you’re currently working isn’t sustainable, you could think about: