For an owner selling or closing a distributor
Selling a distribution business? Its trade records first
Updated
A distributor that imports holds a long run of entries, classifications and supplier invoices. Whether the company is trading, closing or being sold, those records can be dealt with on their own, once the keeping rules and the platforms' exit terms are clear.
Three ways the records can go
A company that keeps trading can license its records and carry on. A company that is closing sells its records through its directors only until a winding-up petition is presented to the court or a liquidator is appointed: a sale after a petition is void if the court then winds the company up, unless the court orders otherwise, and once a liquidator is appointed the liquidator sells, as an administrator does in an administration; once the company is dissolved what it owned passes to the Crown. An adviser who works with distributors can introduce such companies to us for a share of the fee. The form asks where the company stands.
The originals must still be kept
US regulations require records to be kept for 5 years from the date of entry, and GOV.UK tells importers to keep records of goods declared to HMRC for four years. Neither rule is lifted by licensing copies of the records, so the originals stay where the law expects them.
Source: eCFR, 19 CFR 163.4
Get the data out before the contracts end
Avalara will return customer data if asked within 60 days of termination, and Oracle keeps content available only for a retrieval period before deleting it. Ask every platform for a full export before notice is given.
Source: Avalara, End User Terms
Check what is already public
Unless the company certified for confidential treatment, its US manifest names are already disclosed and resold by manifest vendors, so that part of its history is not private. Our page on whether import data is public sets out the rules.
Source: Is import data public?