At Fast Insolvency, we provide clear, compliant guidance on forming a phoenix company in Glasgow, 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 Glasgow.
We protect directors from liability while helping you start fresh with a viable new business in Glasgow.
Contact us today in Glasgow for free advice on phoenix company formation and to avoid the legal risks of getting it wrong.
A phoenix company is a new business that is formed after an insolvent company has been liquidated in Glasgow.
It often has the same directors, staff, and assets, but operates as a legally separate entity with a different name or structure in Glasgow.
Yes, forming a phoenix company is legal in the UK in Glasgow, 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 Glasgow.
Under Section 216 of the Insolvency Act 1986 in Glasgow, 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 Glasgow for the new company’s debts and even criminal penalties.
You can apply for a Section 216 exemption in Glasgow if:
You buy the old company’s assets from a licensed insolvency practitioner in Glasgow
You notify all creditors and file the correct forms with the court and Companies House within 28 days in Glasgow
We can handle this entire process for you to ensure compliance in Glasgow.
A phoenix company in Glasgow can often retain key contracts, client relationships, and employees from the old business.
Transferring staff must follow TUPE regulations in Glasgow to protect employment rights.
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 Glasgow.
This ensures transparency and protects creditors from deception in Glasgow.
The assets in Glasgow 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 Glasgow.
If the rules are not followed correctly, you could be held personally liable for new company debts or be disqualified as a director in Glasgow.
There may also be reputational damage in Glasgow if the new company appears to evade the old one’s obligations.
The typical process in Glasgow includes:
Entering a formal liquidation (CVL) in Glasgow
Valuing and selling the old company’s assets in Glasgow
Setting up a new company in Glasgow
Transferring staff and operations in Glasgow
Filing all legal notices and exemption forms under Section 216 in Glasgow
We manage this process end-to-end to ensure full compliance in Glasgow.
HMRC permits in Glasgow the formation of phoenix companies, but they monitor closely for misuse.
You must remain fully compliant in Glasgow with tax obligations in the new business.
If your company was forcibly wound up in Glasgow 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 Glasgow.
If the new company name is not the same or similar in Glasgow, Section 216 restrictions do not apply.
However, you still need to ensure that no misleading links exist in Glasgow between the old and new businesses.
A CVL in Glasgow costs from £3,000–£5,000 in Glasgow, plus legal fees for name reuse applications if needed.
The cost in Glasgow depends on whether you’re purchasing assets and the complexity of the liquidation.
We offer fixed-fee packages in Glasgow that include full phoenix company advice and compliance.
If you're closing an insolvent company in Glasgow and want to continue trading, legal guidance is essential.
We offer low-cost, legally compliant phoenix company services in Glasgow with expert oversight.
Contact Fast Insolvency now for free, confidential advice on forming a phoenix company safely and lawfully in Glasgow.
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