COMPANY-LIQUIDATION.UK
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Enforcement action for arrears of VAT, PAYE/NIC & corporation tax can be stopped
All business loans can be fully written-off
We can stop all creditor pressure and will deal with creditors on your behalf
Any expensive or unnecessary leases or agreements can be terminated
Enforcement action can be stopped, protecting your company’s assets
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
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Free, informal discussion & initial review of your Company's current financial difficulties, and the rescue options available to protect & preserve your business and its assets