Business Bankruptcy Question....

whoopsydaisy

This is probably a huge longshot, but does ANYONE on here know the legal position when it comes to websites as an asset?

I have one and had assumed that it could not be sold onto anyone else (intellectual rights and all that) And, as i'm a soletrader I thought that I could restart my business when I could afford the stock. BUT it appears that nothing is ever easy! The liquidator is trying to sell the business as a going concern (trade name, website, domain name and stock) can they do this... i'm furious. :mad: Stock fair enough, but surely not everything else?? My web team say that in their eyes as of the 15th of the month the website will stop being live anyway, I have/had (not sure now!) the copyright of the Logo and layout, my brother has offered to buy the website to tick over until i'm back in the game (so to speak) but the liquidator is saying he is going to sell everything? Is there anything I can do... can't get through to business debtline!

Thanks

fermi

The position of 'Intellectual Property' and copyright is explained somewhat in the Official Receiver's guidelines here:

http://www.insolvency.gov.uk/freedomofinformation/technical/techmanvol1/Ch25-36/Chapter31/part10/part2/part_2.htm

Exactly what you can do to protect or buy back your interests may take some hard bargaining with the trustee.

whoopsydaisy

My god! That's complicated. I wish i'd known this before hand. I have found out from the web design team, that as the domain name is registered to me, I can transfer the domain name to someone else (cost £35). The template is legally theirs and they've siad they can slightly adapt the logo, therefore creating a new business, but with page ranking and reputation (It was very good, i never let my customers down, just the creditors!) of the old one. Will this kind of behaviour get me a BRO. I have spoken to business link and they have said i'll probably need a lawyer to fight this one....

rog2

I would wait till the 15th - My business website contract ended on the 28th December 2006 - I went br on 26th Nov 2006. I just thought I'd check it out and the website was filled with adverts for viagra, free home security, free business cards etc. At the bottom of the page there was a link which said 'Why am I seeing this website'. This took me back to the web provider site, and I was offered the option of 'buying back the site for £25.00'.

whoopsydaisy

Thanks, maybe I should do that. If I ask the web people to let it "die" but obviously ask them in advance what the deal would then be! Out of interest Rog, did you buy it back?

rog2

whoopsydaisy wrote: »

If I ask the web people to let it "die" but obviously ask them in advance what the deal would then be! Out of interest Rog, did you buy it back?

It will 'die' unless the OR/Liquidator pays the fees, so it will no longer be an asset.
To answer your question - no I did not buy my site back. I was tempted, but I will be changing my business name when I start up again, and domain names are cheap enough.