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