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
Crane Hire Business
Kelly Burton • Construction & Engineering
• Pre-Pack Administration
The directors of a previously profitable crane hire business approached Wilson Field for advice following a significant downturn in turnover. The drop-off was caused by the nationwide lockdowns following the outbreak of Covid-19.
The business relied upon several large UK-based housebuilders for their income, who were also negatively impacted by the government restrictions.
The Directors attempted to restructure the business to minimise overheads. However, a winding-up petition was issued during this time, and with no funds available to pay the debt due, the Directors approached Wilson Field to explore the option of a pre-packaged administration.
After an extensive marketing period, a sale of the business and assets was achieved to an associated company, and saved all the jobs at the business.
Director and insolvency practitioner Kelly Burton said:
“The business was severely impacted when the country went into lockdown as lots of regular clients, were themselves unable to work and generate income. However, after working with the directors, we arranged a pre-pack administration, which saw the business and assets purchased, with all of the company’s employees keeping their jobs.”
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.”
Peak Toolmakers Limited
Kelly Burton • Manufacturing
• Pre-Pack Administration
A Chesterfield machine tool manufacturer, which supplies to the global automotive industry, has been bought out of administration by sister-company, Peak Toolmakers (Assets) Ltd and managed by two of its current directors, saving all 46 jobs.
Peak Toolmakers Limited, based on Chesterfield Trading Centre on Smeckley Wood Close, had enjoyed a profitable trading history since 2004 and had significantly grown to become a recognised name in the sector.
However, a lack of working capital following a combination of factors together with a number of loss-making contracts with principal customers, competition from overseas, namely the Far East, undercutting prices, and extremely fast and tight timescales to allow its customers to meet contractual supply arrangements, had caused recent cash flow problems.
Insolvency practitioners Joanne Wright and Lisa Hogg from Wilson Field were appointed Administrators on 2 September 2015 to handle the sale out of administration.
The business and assets bought by Peak Toolmakers (Assets) Ltd managed by two of the existing directors, Geoff Bacon and John Buxton.
Joanne Wright from Wilson Field, said:
“Peak Toolmakers Limited had experienced financial difficulties after seeing a drop in demand from a major customer, a loss of more than £500,000 on a contract and was being threatened by enforcement action from HMRC due to arrears.
“The pre-pack deal has meant all 46 employees’ jobs have been saved and ensures a continuity of trading under new ownership.
“We are delighted to have secured a swift sale of this established Chesterfield-based manufacturing business to deliver the best long term solution for the business ensuring it can continue to serve its established customer base.”
Peak Toolmakers Limited’s main business was the production of mould tooling, jigs and fixtures and robot heads which were used in the injection moulding and die casting industries, principally the automotive industry, for internal and external trims together with under bonnet components.
Its customers produce products for a range of automotive manufacturers including Jaguar Land Rover, Nissan, Toyota, BMW and similar manufacturers.
Director Geoff Bacon said:
“Having gone through difficult times, we are very happy to have secured the loyal service of our staff through the help of Wilson Field.”
Wilson Field worked closely with solicitor Neil Kelly from MD Law in Sheffield and valuer and asset management consultant David Smith of Charterfields.
"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
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"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
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"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
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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