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