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Forum says investigation should cover phoenix firms

19th November 2009
Page 10
Page 10, 19th November 2009 — Forum says investigation should cover phoenix firms
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Which of the following most accurately describes the problem?

THE FORUM OF Private Business (FPB) has demanded that an investigation into corporate insolvencies should also address the issue of 'phoenix companies re-establishing themselves under another name and leaving their creditors unpaid.

Last week, the Office of Fair Trading (OFT) launched an investigation into the corporate insolvency market and why there are fears about the high cost of entering administration in the UK.

But the FP1Fi wants the OFT investigation to also examine how to stop phoenix companies from abusing the administration process.

FPB poky representative Matt Goodman says: "When business drops out of the market, banks and the government take their cut, but what about the small business that has supplied that company and has never been paid, or if a competitor wipes the slate clean of debts and carries CM trading? Where does that leave those small businesses struggling with their own finances?"

Image: Shutterstock

'[he problem of phoenix companies in the haulage business has been recognised for some time.

Last month, transport solicitor Lucy Wood warned that there has been an increase in the number of businesses being called to public inquiry as a result of going into administration. A spokesperson for the Office of the Traffic Commissioners says: "Any operator who finds themselves either heading towards or actually facing administration should work with their legal representative and take their advice.

"In addition, there are legislative requirements to notify the TCs of any changes made to an 0-licence. Operators must do so in writing via the centralised licensing office at Hillcrest House, Leeds."


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