Can I start a new company after voluntary liquidation?

Casper0071

Free Member
May 1, 2019
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First of all...thank you Spongebob for your advise. I've read a lot of your posts.

My husband and I are directors of a company. It has got into financial difficulty and we owe HMRC £13,000 in back dated VAT and Corp Tax. We also owe further £5,000 to other companies. The debt is too large and is worrying us. We have not followed the Spongebob plan yet, however, I would like to implement it very soon.

Therefore, I have taken my husband off as Director of the company so to ensure that we can start a new company and continue to make a living (and make better financial decisions) and hopefully write off the bad debt above.

Would we be able to keep the same website too and a similar name?

Last question, can I be a director of ltd company (the new one) if I go through the Voluntary Liquidation route?

Thanks in advance.
 
the website is an asset of old company. new company could buy it and old company could then use the money towards creditors or paying an insolvency practitioner.

unless and until such time as you get banned from being a director - rare - you could set up a new limited company.

if liquidating then the name may be an issue, if using spongebob then apparently not.
 
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Thank you Mr D.

Is it legal to sell or transfer the website over now before we strike off (sponge bob plan) the company? If so, how would I do it - do we require a paper trail?
 
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Is it legal to sell or transfer the website over now before we strike off (sponge bob plan) the company? If so, how would I do it - do we require a paper trail?

You would be better to get a third party valuation to prove that the transfer was done at a fair value. And yes there must be a paper trail in case anyone queries it.
 
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First of all...thank you Spongebob for your advise. I've read a lot of your posts.

My husband and I are directors of a company. It has got into financial difficulty and we owe HMRC £13,000 in back dated VAT and Corp Tax. We also owe further £5,000 to other companies. The debt is too large and is worrying us. We have not followed the Spongebob plan yet, however, I would like to implement it very soon.

Therefore, I have taken my husband off as Director of the company so to ensure that we can start a new company and continue to make a living (and make better financial decisions) and hopefully write off the bad debt above.

Taking him off as a Director makes no difference to the Directorship of the new Company, I am unsure what you are trying to achieve with this?

Would we be able to keep the same website too and a similar name?

The short answer is yes.

The medium answer is that depends on what happens to the old Company. The website belongs to Oldco so will need to be paid for at market value.

Any IP appointed can help you deal with this and the Phoenix legislation that relates to reuse of a same/similar name (if the Company is Liquidated).


Last question, can I be a director of ltd company (the new one) if I go through the Voluntary Liquidation route?

Yes.

The only things stopping you is disqualification or Bankruptcy


Thanks in advance.
 
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