You may be able to run another business after liquidation, but you cannot simply transfer assets, abandon debts or reuse a prohibited name. Directors of an insolvent company face specific restrictions on the same or a similar name. Check the proposed business and transaction before trading.
Business Insolvency Helpline • Checked 1 November 2026
General guidance, with procedural detail focused on England and Wales. Rules and routes can differ in Scotland and Northern Ireland.
For directors involved in the 12 months before insolvent liquidation, restrictions generally last five years. They cover registered names, trading names and names suggesting an association. Changing a few letters or adding a word does not necessarily solve the problem.
The restriction concerns involvement in the business, not just the name on a director appointment form. A different person acting as a nominal director is not a safe workaround.
Exceptions can involve court permission, a qualifying purchase with the required notices, or an existing business that meets the statutory conditions. The detail and timing matter. Obtain advice before relying on an exception; buying equipment is not itself blanket permission to reuse a name.
A lawful phoenix business must also acquire assets properly and address employees, contracts, intellectual property and any regulated permissions.
Use a documented valuation and purchase process, identify funding for the new business and check which contracts need consent to transfer. Prepare a realistic opening cash-flow forecast that includes the costs of starting again.
Personal guarantees and claims connected with the former company may remain. A new company number does not cancel those obligations or remove an investigation into the old business.
If a deadline is approaching, tell us the date when you call.
Not automatically. Trading names and confusingly similar names can be prohibited as well as the old registered name.
No. A properly structured restart can be lawful. Asset transfers, name restrictions and director conduct must still be addressed.
Potential consequences include personal liability for relevant new-company debts, prosecution and disqualification. Seek advice before using the name.
Sources checked for this guide
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