Phoenix Company Advice in Berkshire

At Fast Insolvency, we provide clear, compliant guidance on forming a phoenix company in Berkshire, a new business that rises from the closure of an insolvent company.

This route allows directors to start fresh, retain viable parts of the old business, and protect jobs, but strict rules apply under UK insolvency law in Berkshire.

We protect directors from liability while helping you start fresh with a viable new business in Berkshire.

Contact us today in Berkshire for free advice on phoenix company formation and to avoid the legal risks of getting it wrong.

What Is a Phoenix Company in Berkshire?

A phoenix company is a new business that is formed after an insolvent company has been liquidated in Berkshire.

It often has the same directors, staff, and assets, but operates as a legally separate entity with a different name or structure in Berkshire.

Is It Legal to Start a Phoenix Company in Berkshire?

Yes, forming a phoenix company is legal in the UK in Berkshire, as long as it follows the rules under the Insolvency Act 1986.

The process must be transparent, and directors must not trade while insolvent or breach restrictions on using the old company name in Berkshire.

What Are the Legal Restrictions in Berkshire?

Under Section 216 of the Insolvency Act 1986 in Berkshire, directors of an insolvent company are prohibited from reusing the same or similar name for 5 years, unless they follow strict exemption procedures.

Breaching this rule can result in personal liability in Berkshire for the new company’s debts and even criminal penalties.

How Can I Reuse the Company Name Legally in Berkshire?

You can apply for a Section 216 exemption in Berkshire if:

• You buy the old company’s assets from a licensed insolvency practitioner in Berkshire

• You notify all creditors and file the correct forms with the court and Companies House within 28 days in Berkshire

We can handle this entire process for you to ensure compliance in Berkshire.

Can I Keep My Staff and Clients in Berkshire?

A phoenix company in Berkshire can often retain key contracts, client relationships, and employees from the old business.

Transferring staff must follow TUPE regulations in Berkshire to protect employment rights.

Will Creditors Be Notified in Berkshire?

All creditors of the liquidated company must be notified if the new company is using a similar name or operating in a similar way in Berkshire.

This ensures transparency and protects creditors from deception in Berkshire.

Can I Buy the Assets from the Old Company in Berkshire?

The assets in Berkshire including stock, equipment, or intellectual property, can be sold to the new company at fair market value by the liquidator.

You cannot transfer assets privately or below market value in Berkshire.

What Are the Risks of Forming a Phoenix Company in Berkshire?

If the rules are not followed correctly, you could be held personally liable for new company debts or be disqualified as a director in Berkshire.

There may also be reputational damage in Berkshire if the new company appears to evade the old one’s obligations.

What Is the Process for Creating a Phoenix Company in Berkshire?

The typical process in Berkshire includes:

1. Entering a formal liquidation (CVL) in Berkshire

2. Valuing and selling the old company’s assets in Berkshire

3. Setting up a new company in Berkshire

4. Transferring staff and operations in Berkshire

5. Filing all legal notices and exemption forms under Section 216 in Berkshire

We manage this process end-to-end to ensure full compliance in Berkshire.

Does HMRC Allow Phoenix Companies in Berkshire?

HMRC permits in Berkshire the formation of phoenix companies, but they monitor closely for misuse.

You must remain fully compliant in Berkshire with tax obligations in the new business.

Can I Form a Phoenix Company After Compulsory Liquidation in Berkshire?

If your company was forcibly wound up in Berkshire through compulsory liquidation, you must still follow the same name reuse restrictions and apply for court permission.

In some cases, HMRC or other creditors may object in Berkshire.

What If I Want to Use a Completely New Name in Berkshire?

If the new company name is not the same or similar in Berkshire, Section 216 restrictions do not apply.

However, you still need to ensure that no misleading links exist in Berkshire between the old and new businesses.

How Much Does It Cost to Set Up a Phoenix Company in Berkshire?

A CVL in Berkshire costs from £3,000–£5,000 in Berkshire, plus legal fees for name reuse applications if needed.

The cost in Berkshire depends on whether you’re purchasing assets and the complexity of the liquidation.

We offer fixed-fee packages in Berkshire that include full phoenix company advice and compliance.

Get Expert Phoenix Company Advice Today in Berkshire

If you're closing an insolvent company in Berkshire and want to continue trading, legal guidance is essential.

We offer low-cost, legally compliant phoenix company services in Berkshire with expert oversight.

Contact Fast Insolvency now for free, confidential advice on forming a phoenix company safely and lawfully in Berkshire.

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