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