Can I buy back the business or assets after a Creditors Voluntary Liquidation (CVL)?

Yes, in most cases, a director can start another company after a CVL. A CVL does not automatically stop you from being a director or being involved in a new business. In some cases, it may also be possible to buy some or all of the old company’s business or assets from the liquidator and continue trading through a new company. However, there are important rules around reusing the old company name, and staff transfer issues may also need to be considered where the business continues in a new structure.

Possibly. If you want to continue the trade through a new company, or through another company you already own, it may be possible for employees to move across with the business. That will usually depend on whether the business, or part of it, is genuinely being transferred and continuing in the new company. If it is, TUPE may apply and the employees connected to that part of the business may transfer with their existing employment rights. If not, the employees are more likely to remain with the old company and be dealt with through the liquidation instead.

When a company enters a CVL, employees are usually made redundant because the company is being closed. They may be able to claim certain statutory payments, including redundancy pay, unpaid wages, holiday pay and statutory notice pay, subject to eligibility and statutory limits. If the company cannot pay those amounts because it is insolvent, qualifying claims are usually made to the Redundancy Payments Service (RPS). In some cases, where the business or assets are sold and trading continues through another company, employee rights may be affected by TUPE, but that will depend on the circumstances.

A CVL can provide a formal way to close a company that cannot pay its debts and is no longer viable. It can help by taking the process out of day-to-day firefighting, putting a licensed insolvency practitioner in charge, and dealing with the company’s debts and closure through a proper legal process. However, a CVL also has drawbacks, including the company being closed, possible employee redundancies, and some personal liabilities may still remain.

Yes, it can be possible to reuse your old company name after a CVL, but only if one of the legal exceptions applies or the court gives permission. Without that, directors of a company that has gone into insolvent liquidation are generally restricted for 5 years from being involved with another company or business using the same or a similar name. The main exceptions are where the business is bought from the liquidator and the required notice procedure is followed, where the court gives permission, or where another company has already been using the name continuously for at least 12 months before the liquidation.

A CVL is a formal insolvency process used to close an insolvent limited company. It is usually considered when a company can no longer pay its debts and there is no realistic prospect of recovery. For directors, a CVL can provide a structured way to deal with the company’s debts, bring creditor pressure to an end, and close the company properly with a licensed insolvency practitioner appointed to handle the process.

A CVL can begin relatively quickly once the decision has been made and a liquidator is appointed. From that point, the company is in a formal liquidation process and the insolvency practitioner takes control of dealing with the company’s affairs, including its assets and creditor claims, so directors are no longer trying to manage those issues in the normal course of business. The full liquidation usually takes longer, because the liquidator must finish winding up the company’s affairs before the company can be dissolved. Once the final account is filed, the company is normally dissolved three months later.

When a company enters a CVL, it is placed into a formal insolvency process so it can be closed properly. A licensed insolvency practitioner is appointed as liquidator to deal with the company’s affairs, which may include gathering information, realising assets, notifying creditors, and bringing the company to an orderly close. For directors, a CVL provides a structured way to deal with an insolvent company where there is no realistic prospect of recovery.

As a director of a company in a CVL, your main duties are to act carefully once insolvency is apparent, avoid worsening creditor losses, and cooperate fully with the liquidator.

The cost of a CVL will depend on your company’s circumstance, there is not one fixed fee in every case. A smaller, more straightforward company will usually cost less to place into liquidation than a larger or more complex one. The fee reflects the work involved in dealing with the company’s affairs properly through a formal insolvency process, rather than simply filing paperwork.