Can I continue to be a company director after liquidating an insolvent company?
Yes, you can continue to hold directorship of other companies or start a new company and become director, after liquidation, provided there has been no reason for your disqualification as a director.
If you plan to start trading in a new company again after liquidating an insolvent company, it’s important to be aware of any restriction or limitations that may apply if you’re restarting the same business.
Why could I be disqualified as a director?
Under normal circumstances, you wouldn’t be disqualified as a director after your company goes through an insolvency procedure. However, your actions as a director are investigated by an insolvency practitioner and one of the below actions could lead to director disqualification or the loss of your company’s limited liability protection.
Government guidance on director disqualification- Trading whilst insolvent
You should not continue trading if you know your company is insolvent and cannot fulfil its trading obligations, therefore having a detrimental effect to creditors. This is referred to as trading whilst insolvent, or wrongful trading. Once you become aware that your company is insolvent, you should speak to us as soon as possible to determine what your company can do next.
Find out more about wrongful, insolvent, and fraudulent trading - Breach of company law
Under the Companies Act 2006, you have a legal set of responsibilities as a director of a company. If you fail to comply with statutory obligations, such as failing to file accounts or maintain adequate company records, it could result in disqualification. - Criminal convictions
A criminal conviction does not automatically disqualify you as a director, unless you were specifically disqualified as part of your conviction. Financial criminal offences such as fraud, bribery, money laundering or tax evasion can result in your disqualification as director. - Involvement in other disqualified companies
If you hold multiple directorships of insolvent companies, you can be deemed unfit to serve your position which can lead to your disqualification. If you act as the director of a company whilst already being disqualified, this can lead to further disqualification and potential legal consequences. - Misconduct as a director
You have a duty of care and diligence to your company as a director and must work in the company’s best interests, not your own. If your actions are deemed unfit, it can result in disqualification. - Bankruptcy restrictions
If you enter personal bankruptcy, you cannot act as a limited company director without the court’s permission.
Find out more about personal bankruptcy
Can I be personally liable for the debts of my liquidated company?
No, in most situations, as a company director you will not personally liable for the debts of your liquidated company. A limited company is classed as a separate legal entity to the associated directors and shareholders and its liabilities don’t attach to you personally.
However, there certain scenarios where you could be personally liable for the debts of your limited company.
- Personal guarantees
- Trading whilst insolvent
- Overdrawn Director’s Loan Account
- Bounce Back Loan (BBL) Misuses
How we can help you close and liquidate your insolvent company
If you’re concerned about your company’s financial position and want to better understand your position as a director, we can assess your company’s situation, and help advise on the best solution tailored to your circumstances, with a free, no-obligation consultation.
- Close your company down via a Creditors Voluntary Liquidation (CVL)
A CVL is a liquidation procedure for companies that are insolvent. The process will formally close and liquidate your company, ceasing its trading operations, realising any assets and removing the threat of creditor legal action. If your company has employees, they can claim for redundancy and other statutory entitlements through the government’s Redundancy Payment Service (RPS). The process is final and irreversible. Once completed your company’s unsecured debt will be written off and the company is dissolved, allowing you, the director to move on.
Find out more about Creditors Voluntary Liquidation (CVL) - Close your company down and start again via a Pre-pack liquidation
A Pre-Pack liquidation is a type of CVL where the sale of your company’s assets is arranged before liquidation, allowing business operations to continue seamlessly under the purchasing company. The company name may be reused, and employees can transfer under TUPE. Contracts and essential agreements can also be included as part of a sale, ensuring minimal disruption to your business operations. This process eliminates the unsecured debts of your previous company, providing a fresh start free from previous unsecured liabilities.
Find out more about pre-pack liquidation
How to get in touch with us: The next steps for engagement
- Speak with our initial advisers
Contact our team via phone, filling out our form, or online chat. We will assess your circumstances and, if suitable, arrange a free consultation with a consultant to discuss your company’s situation. - Initial assessment
During the consultation, we will advise if an insolvency procedure is the most appropriate route forward or whether alternative solutions better suit your company’s problems - Formally engage with Wilson Field
If there is an appropriate insolvency solution, we will confirm the necessary steps to start the procedure and will issue you with the relevant documentation for you to formally engage us.
In summary
Provided you have not been disqualified for any reason, you can continue to serve as director of an existing company, or become the director of a new company, after the liquidation of a former company.
Case Studies
Derwent Castings Limited
Kelly Burton • Metals • Creditors Voluntary Liquidation (CVL)
Unsecured creditors owed money by a Derbyshire manufacturing company which went into liquidation are to receive a higher than the expected dividend of 60p in the pound.
A total in excess of £128,000 is due to be distributed to unsecured creditors of Whatstandwell-based Derwent Castings Limited, whose claims totalled over £192,000.
The company, whose roots date back to the 1940s, had traded profitably for a number of years but in late 2013 / early 2014 saw the cancellation of its largest sales contract which represented 70 per cent of its turnover.
Bosses at the company, which employed 16 staff including three directors, struggled to attract replacement business and had to drop prices. Further business was lost as a result of foreign competition.
Sheffield’s insolvency specialist Wilson Field was called in as liquidator and worked with the creditors’ committee of Derwent Castings Limited to secure the positive dividend.
Andy Wood, associate director and insolvency practitioner at Wilson Field said:
“Dividends for insolvent companies are generally low, or nothing, for a variety of reasons – cost of staff redundancies, difficulty collecting outstanding invoices, selling assets in a forced sale situation, selling specialist assets which have limited appeal to purchasers, deteriorating or perishable assets, as well as other costs involved.
“However, thanks to a very positive relationship with the creditors committee, I am delighted to return a healthy dividend to the unsecured creditors in the region of 60p in the pound.
“The supply chain is often greatly affected by a liquidation and in this case we have been able to help creditors.”
Derwent Castings Limited was incorporated in August 2002 and specialised in iron casting from the five-acre Derwent Foundry site at Whatstandwell near Matlock.
However, the iron founding operation at Derwent Foundry was first introduced back in 1946 by Wragg & Hawksley which produced cast iron pipes for the water industry.
In 1950 the foundry was acquired by WH Davis & Sons Ltd to supply castings for their railway wagon building business. Following a management buy out in 1984, the company was renamed Derwent Foundry Ltd and following its closure in July 2002, was bought by its present owners and renamed Derwent Castings Ltd.
Amongst jobs carried out on site were moulding using loose pattern and modern air setting (boxless) sand systems; metals work using the latest in electric induction melting producing a wide range of grey, SG and alloy irons; an independent Namas approved test laboratory, finishing, pattern making and machining facilities.
M J Squire Limited
Kelly Burton • Construction & Engineering • Creditors Voluntary Liquidation (CVL)
A bespoke joiners and shop fitters in Sheffield, M J Squire Limited, had been in its trade for more than 30 years.
However, recently it has been forced to close due to the downturn in the construction and retail industry.
The company was located at Orgeave Close in Sheffield, after working for many household names over the years including House of Fraser, Levi’s, Austin Reed and Tommy Hilfiger.
Until 2014, it had been a profitable company but over the past couple of years, it had been unable to secure profitable contracts.
February 10th, 2016 saw the appointment of Wilson Field’s Andy Wood and Robert Dymond as liquidators. This development for the company came as a result of suffering cash flow problems.
Operations at M J Squire Limited have now ceased and regrettably, all nine roles within the company were made redundant.
Andy Wood, insolvency practitioner from Wilson Field, spoke about his work on this case.
“Declining sales at M J Squires significantly impacted cash flow and the business’ ability to meet its liabilities. In the face of tough market conditions, the director has taken the difficult decision not to continue trading. The business has closed and the assets are being sold.”
“It is very sad to see this well-known local business cease to trade after over 30 years. The downturn in the retail sector has hit this business hard.”
Statestrong Limited
Kelly Burton • Manufacturing • Administration, Creditors Voluntary Liquidation (CVL)
Insolvency experts Wilson Field has helped turnaround the fortunes of a loss-making manufacturing company in Lancashire providing a new future for its 80 employees.
Businessman Russell Blaikie acquired the struggling 40-year-old Statestrong Limited, headquartered in Lytham St Annes, through a pre-pack sale and has been able to help the company immediately utilising his expertise in manufacturing and management.
Arrangements for the purchase of Statestrong’s business and assets were negotiated by Sheffield business specialists Wilson Field who affected the sale shortly after being appointed.
The company, which manufactures and supplies aerosol and liquid products for use in health and beauty, household, automotive and industry globally, posted sales of £12m last financial year, but had suffered pressure from creditors with outstanding arrears.
The total value of the deal is undisclosed but includes the business and the assets of the company based on Boundary Road in Lytham St Annes and Tarporley in Cheshire, which will now trade as Statestrong Products Limited.
Mr Blaikie said:
“Transactions of this nature are sensitive and require careful handling. The team at Wilson Field provided exactly the right professional approach.”
Wilson Field’s insolvency practitioners Kelly Burton and Joanne Wright worked closely with Mr Blaikie along with senior corporate case administrator Gareth Kinneavy.
Kelly Burton, said:
“The company had a wealth of expertise but was straddled with financial liabilities which ultimately made its future questionable. Looking forward, a previously distressed business now has a viable future.”
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