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Phoenix

Company LIQUIDATION & COMPANY Rescue Advice

Company LIQUIDATION & COMPANY Rescue AdviceCompany LIQUIDATION & COMPANY Rescue AdviceCompany LIQUIDATION & COMPANY Rescue Advice

BUSINESS RESCUE & INSOLVENCY SOLUTIONS TO SAVE YOUR BUSINESS

Business Rescue & Insolvency Solutions for Financially Distressed Companies

When a company is facing financial distress, there are several business rescue and insolvency solutions available. The most suitable option will depend on your company’s unique circumstances, your long-term objectives, and the level of creditor pressure you are experiencing.


Formal Insolvency Procedures: Pre-Pack Administration, Liquidation and CVA

Pre-Pack Administration, Liquidation, and a Company Voluntary Arrangement (CVA) are all formal company insolvency procedures. These processes are legally recognised and involve the appointment of licensed insolvency practitioners. By contrast, a Company Debt Management Plan is an informal arrangement and is not registered at Companies House.


Pre-Pack Administration & Liquidation: Transfer the Business to a Phoenix Company

In both Liquidation and Pre-Pack Administration, the existing limited company will cease trading. However, the business—its assets, goodwill, and operations—can be transferred to a new, debt-free phoenix company, allowing the business to continue without interruption.
This approach is legal and compliant, provided specific criteria are met, and is supported by the Enterprise Act 2002 and UK insolvency legislation, which promote business rescue and the survival of viable companies.


CVA & Company Debt Management Plans: Continue Trading with Restructured Debt

With a CVA or a Company Debt Management Plan, the original limited company remains active and continues to trade while its debts are restructured and repaid over time.
A CVA is a formal process registered at Companies House and offers the additional advantage of a moratorium, which prevents creditors from taking enforcement action while the arrangement is in place.


Which Business Rescue Option Is Best for You?

For many businesses, a Pre-Pack Administration or Liquidation provides the most effective route forward, allowing the core business to continue through a phoenix company while all historical debts are written off. However, if the existing company must remain in place for legal, regulatory, or contractual reasons, a CVA or Debt Management Plan may be the more appropriate solution.

WHAT ARE THE BENEFITS FOR YOUR BUSINESS?

BENEFITS OF PRE-PACK ADMINISTRATION OR LIQUIDATION


Buy-back of the business (assets, contracts etc.) is agreed in advance

New, debt-free, company can trade under the same (or a variation of the original) name

All legal action is stopped, and the business continues to trade solely under the control of the phoenix company

Seamless transfer of business ensures that minimal disruption occurs 

Customers are not necessarily contacted (they may well be unaware of the procedure)

Transfer of the business includes goodwill, customer list, IP etc.

The transfer of ownership can include the book debts (sales ledger) of the old business

You can choose to simply close the company and walk away without any personal liability

Directors may also be able to claim £'000's in unpaid wages and redundancy from the Redundancy Payments Office


BENEFITS OF CVA


Legally binding agreements with the company's creditors, allowing up to 75% of liabilities to be written off

Debts are significantly reduced, with the balance rescheduled into regular monthly payments

The business continues to trade under the control of its directors

Minimum disruption occurs (it is probable that customers will be unaware of the CVA)

CVA enables onerous contracts, leases, obligations etc. to be terminated

Legal action by creditors is stayed

No investigation into directors’ conduct

No calling-in of overdrawn directors’ current accounts, no voidable transactions etc.

faq'S ABOUT A PHOENIX COMPANY

WHICH SOLUTION IS BEST FOR YOUR BUSINESS?

Choosing the Right Insolvency Solution for Your Business

Every business rescue or insolvency solution has its own advantages and potential drawbacks. That’s why we work closely with you to fully understand your company’s financial position, identify any areas of concern, and recommend the most suitable solution based on your objectives and the outcome you want to achieve.


Why Liquidation or Pre-Pack Administration Are Often the Best Options

For many companies struggling with significant historical debt, Liquidation or Pre-Pack Administration are often the most effective—and frequently the most cost-efficient—options. Both procedures enable all company debts to be completely written off, while still allowing the underlying business to continue trading through a new, debt-free phoenix company. This approach provides a clean financial reset and allows the business to move forward without the burden of past liabilities, making it a highly practical and attractive business rescue strategy for directors seeking long-term stability.

CONTINUE TO TRADE VIA A DEBT-FREE PHOENIX COMPANY & WRITE-OFF ALL COMPANY DEBTS

Is a Phoenix Company Legal?

A phoenix company is perfectly legal in the UK. Both Pre-Pack Administration and Liquidation allow all company debts to be written off, enabling the underlying business to continue trading through a new, completely debt-free phoenix company. This gives directors the opportunity to preserve jobs, maintain continuity, and operate without the burden of historical debt.


Director Investigations and Potential Implications

Directors should be aware that both Liquidation and Administration involve a statutory investigation into the conduct of the company’s directors. This is a routine part of the insolvency process. During the investigation, certain transactions involving directors, shareholders, or connected parties may be reviewed and, if found to be inappropriate, could potentially be deemed voidable.

In cases involving serious misconduct, directors may face consequences such as director disqualification. However, this is generally limited to situations where directors have acted irresponsibly, dishonestly, or to the detriment of creditors.


What Happens If Directors Have Acted Reasonably?

In the vast majority of cases—where directors have acted reasonably, kept proper records, and not engaged in misconduct—there are no issues at all with their conduct and no personal implications. For responsible directors, a phoenix company via Liquidation or Pre-Pack Administration remains a fully compliant and effective business rescue strategy.

FAQ's ABOUT A PHOENIX COMPANY

RESTRUCTURE & RESCHEDULE ALL COMPANY LIABILITIES... PRESERVE THE LIMITED COMPANY

CVAs and Debt Management Plans: Continue Trading With Restructured Debt

In a Company Voluntary Arrangement (CVA) or Company Debt Management Plan, the limited company remains in existence and continues to trade, benefiting from its debts being restructured and rescheduled over an agreed period.

Unlike Liquidation or Administration, these procedures do not involve an investigation into the conduct of the directors, and there is no risk of past transactions being challenged or deemed voidable.


How Debt Repayment Works

Under a CVA or Debt Management Plan, an agreed proportion—or in some cases all—of the company’s debts will be repaid to creditors over time. While a significant portion of liabilities may be written off, the company is still required to make regular monthly repayments from future income and taxable profits.


The Financial Impact on the Company

Because the business must repay part or all of its historic debts, these procedures are generally more expensive overall than a Liquidation or Pre-Pack Administration. They can also place a considerable cash-flow burden on the company, as ongoing repayments must be maintained for the duration of the arrangement.

WHAT IS A CVA?

Concerned about your company? We offer a free, impartial review of your company's options

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OUR EXPERIENCED TEAM CAN HELP YOU WITH

HMR&C arrears & enforcement

Bounce back, CBILS & business recovery loans

Bounce back, CBILS & business recovery loans

Enforcement action for arrears of VAT, PAYE/NIC & corporation tax can be stopped

Bounce back, CBILS & business recovery loans

Bounce back, CBILS & business recovery loans

Bounce back, CBILS & business recovery loans

All business loans can be fully written-off

Pressure from suppliers

Bounce back, CBILS & business recovery loans

Pressure from suppliers

We can stop all creditor pressure and will deal with creditors on your behalf

Property/landlord issues

Overdrawn directors loan accounts & potentially voidable transactions

Pressure from suppliers

Any expensive or unnecessary leases or agreements can be terminated 

Bailiffs & other enforcement actions

Overdrawn directors loan accounts & potentially voidable transactions

Overdrawn directors loan accounts & potentially voidable transactions

Enforcement action can be stopped, protecting your company’s assets

Overdrawn directors loan accounts & potentially voidable transactions

Overdrawn directors loan accounts & potentially voidable transactions

Overdrawn directors loan accounts & potentially voidable transactions

Company liquidation can result in certain transactions being overturned or deemed to be voidable, resulting in personal liability. We will ensure no such circumstances arise

We save troubled businesses every week - we can save your business

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