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