Liquidation advice

garyandjen

New Member
Mar 19, 2025
1
1
Hi, we find ourselves in a position of whether to voluntarily dissolve our current company and set up a new one or to continue with our current company and try and service our debts, which looks impossible. But we are unsure how to proceed and are hoping someone here can give us some advice on a few questions we have. Thank you in advance.

  • Can we have a new company name similar to our current one?
  • Can we keep our current, phone number and email address?
  • Does anyone know about us buying the rights from our old company to use with a new one?
  • Can we open the new company and trade in same nature of business before our other company liquidates?
 
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The basic answer to all of them is yes, but whether you will be allowed to is something else.

The right thing to do is pay off the debts.

If you wipe the slate clean, what prevents you from running up debts again?
 
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ChrisCallaghan

Free Member
  • Business Listing
    Apr 10, 2018
    1,196
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    855
    Sheffield
    Hello @garyandjen ,

    Welcome to UKBF, and I'm sorry to hear about the position you find yourselves in.

    Hi, we find ourselves in a position of whether to voluntarily dissolve our current company

    Always good to be aware that dissolving and liquidating are two separate processes. Dissolving (also known as a strike off) is a process that creditors have a right to object to, and a liquidation is a more formal process where creditors cannot object. As your post's title is 'Liquidation advice,' I'll assume your questions are connected to a liquidation.

    Can we have a new company name similar to our current one?

    Generally yes, however there are restrictions and certain steps need to be followed - please see the below:


    Can we keep our current, phone number and email address?

    Again, generally yes. They may be considered assets of your old company and you may have to pay a nominal amount into the liquidation pot to purchase them out.

    Does anyone know about us buying the rights from our old company to use with a new one?

    Depends on the process, but it will be recorded at Companies House that your old company will have been liquidated, with this information being publicly available. You will also have to inform anyone you have dealings with (e.g. customers, suppliers etc) that you are working through a new company with a new Companies House registration number. If you are also re-using the same or similar name and have followed the appropriate process to do so, this will be listed in a legal publication - see my earlier point about re-use of name.

    Can we open the new company and trade in same nature of business before our other company liquidates?

    Again, generally yes, however the timing of you starting to trade a new company and getting the current company into liquidation can affect what process you need to consider if you wish to re-use the current or similar name/trading style.



    Have you spoken with an insolvency practice about a potential liquidation? Whilst I've given some brief and general answers to your questions, an insolvency practice assisting you with a liquidation would be able to give you more detailed answers specific to your circumstances.

    If you are not already taking advice, I (or any of the regular insolvency advisors here in UKBF) would be happy to help. Initial advice from myself and the firm I represent is confidential and at no cost - please feel free to DM me or contact me using the details in the post's signature.
     
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    Lisa Thomas

    Business Member
    Business Listing
    Apr 20, 2015
    5,446
    1
    1,443
    www.parkerandrews.co.uk
    Yes you can use the same or similar name but only if you follow the Phoenix legislation and one of the exemptions apply to you. Watch here for more detail:



    You can possibly keep the telephone number etc but might be considered an asset by the liquidator so the new entity needs to be prepared that it might have to pay for it.

    I think your other questions relate to the same points.

    Like Chris above, I'm also happy to chat to and give you free, confidential, no obligation advice.
     
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    This is in essence a phoenix company question. The answer is it depends on the facts of the case.
     
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