The term ‘phoenix company’ refers to a new company that has been specifically created for the purpose of continuing the business of an insolvent company which ceases to exist. The sale or transfer of the business and assets of the insolvent company often occurs through the use of a pre-pack administration, or a pre-pack liquidation. In order for this to go ahead, assets from a previous enterprise that was no longer viable, will be purchased at market value by the directors of the new company. It will often have the same board of directors as its predecessor and may even be permitted to use a similar trading name, provided that strict guidelines are adhered to.
A phoenix company is able to pick up right where its predecessor left off, provided it has purchased the assets at market value. It will, however, be free from the debt that forced the old company into insolvency. The money realised through selling the assets will be used to make repayments to creditors after deductions for the costs and expense of the insolvency process, and any remaining debt will be legally written off, giving the company a fresh start.
Is it legal to set up a phoenix company?
It is perfectly legal to set up a phoenix company, as long as the assets are acquired at market value following a formal insolvency process such as a pre-pack administration or liquidation. This ensures that all regulations are complied with and all creditors are dealt with appropriately.
The advantages of a phoenix company
Where the use is permitted, they have several advantages over other processes.
A phoenix company can help preserve the jobs of employees. This will not only protect their livelihoods but also reduce redundancy pay-outs and may increase the amount of money available for distribution to creditors.
The phoenix company will be able to continue trading free from its historic debt using the assets of its predecessor, providing they have been bought at market value. It may even be able to continue using the same premises if the landlord agrees.
The phoenix company may be able to continue to do business with many of its old suppliers and customers.
In certain circumstances, the company may be able to continue trading using a similar name to its predecessor. This preserves the brands, goodwill and previous marketing efforts.
Can a phoenix company re-use a trading name?
It is possible in some instances for a phoenix company to use a similar or near-identical name to its predecessor, however, several regulations apply. Failure to adhere to these regulations can result in fines, loss of limited liability and even imprisonment, so advice should be sought from a reputable solicitor before any decisions are made.
In summary
A phoenix company is a business which is reborn in the ashes of its predecessor. The process is known as a pre-pack administration or liquidation and it enables a new business to be created, with the historic debt of the previous company written off. It cannot trade with the same name and all assets that are transferred must be sold at market value.
How we can help
The procedure of creating a phoenix company is a complicated process that should only be dealt with under the supervision and guidance of a licensed insolvency practitioner. We have years of experience dealing with phoenix companies, pre-pack administrations or pre-pack liquidations, so if you think one of these options might be appropriate for your business, get in touch for a free, confidential chat today.
Case Studies
Transcar Trading Limited
Kelly Burton • Automotive
• Pre-Pack Administration
Advisors from Yorkshire’s Wilson Field have saved 12 jobs at a Darlington low load haulier after it was bought out of administration.
Transcar Trading Limited specialised in collecting and delivering motor vehicles nationwide with its main clientele including major car dealers Bristol Street Motors, Lookers and Knaresborough Vauxhall.
The company, which traded from rental premises at Lingfield House Darlington and Macklin Avenue, Billingham, called in administrators from Sheffield-headquartered Wilson Field to look into the ongoing viability of the company and advise on a turnaround strategy.
After set up in 2015, it had experienced rapid growth within the last 12 months of trading and, coupled with a number of uncollected and disputed invoices, had created cash flow pressures and a build-up of arrears to HMRC.
Kelly Burton and Lisa Hogg from Wilson Field were appointed as joint administrators on November 27 and concluded a pre-packaged sale of the business and assets to Transcar Logistics Limited – wholly owned and managed by one of the directors and shareholders of Transcar Trading.
Kelly Burton, director and licenced insolvency practitioner at Wilson Field, said:
“As a result of the pre-packaged sale of the company’s business and assets to Transcar Logistics, 12 of the company’s 18 employees were transferred under TUPE, minimising preferential claims in wage arrears and accrued holiday pay.”
Valuations and advice on asset disposal was handled by Robert McArdle of David Currie & Co with legal services and advice from solicitors Ward Hadaway.
Care Homes Claims and MS2U
Kelly Burton • Financial Services
• Pre-Pack Administration
Care Home Claims and MS2U worked with customers who had been mis-sold financial products and services including PPI or had been over-charged on care home fees.
Joint administrators Kelly Burton and Lisa Hogg from Sheffield-based Wilson Field were called in by the directors when the group faced financial difficulties.
The business and assets of the companies were sold, for an undisclosed sum, to Acquire Inc Ltd. As part of the deal, 32 employees of an associated company transferred to the purchaser.
Group managing director Joseph Battle said:
“Problems were encountered as a result of an unprofitable contract and accrued HMRC arrears which lead to a severe cash flow shortage. We took professional advice and worked with the administrators to enable the business to continue as a going concern and preserve jobs of existing staff. Despite this being a very difficult time, the outcome means the business can continue.
“With the same management team, we can assure clients the same high level of service in the future.”
Kelly Burton, director and insolvency practitioner at Wilson Field, added:
“These companies ran into difficulty following the over calculation of work in progress on a contract, coupled with an accumulation of HMRC arrears. The directors contacted us for advice and have worked closely with us to achieve this result.
“We are pleased that the restructuring of these companies has resulted in the businesses continuing to trade via the successor business.”
High End Fashion Retailer
Kelly Burton • Retail
• Pre-Pack Administration
A high-end independent fashion retailer, operating from a well-established location found itself experiencing severe financial difficulties, following the closure of all retail stores during the two nationwide lockdowns caused by the Covid 19 pandemic.
The retailer did not have a sizeable online practice when the pandemic forced the closure of its flagship store, and sales ceased overnight.
In addition, the retailer had already committed to deliveries of the next season’s stock, which resulted in large balances falling due to suppliers, whilst the stock remained unsold.
Kelly Burton, director and insolvency practitioner at Wilson Field, said:
“Unfortunately due to the pandemic, all of the retail stores had to shut as the country went into nationwide lockdown. Without a solid online presence, the flagship store had its sales effectively stop overnight.
We were pleased to arrange a pre-arranged sale of the business and its assets, which meant that nobody lost their job.”
The Directors approached Wilson Field to explore the option of a pre-packaged administration. Following an extensive marketing campaign, the business and assets were sold to an associated company, and all jobs were saved.
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
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"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
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"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
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"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
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