NOTICE TO CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME – RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016 (IR 2016)
STORY TERRACE LTD
08905280(IN ADMINISTRATION)
On 15 December 2023, Story Terrace Ltd whose registered office is situated at Unit 8 The Aquarium, 1-7 King Street, Reading, RG1 2AN (the “Company”) entered into administration.
I, Rutger Govert Bruining of 26a-26d, Bolton Gardens, London, SW5 0AQ, was a director of the Insolvent Company on the day it entered administration.
I give notice that it is my intention to act in all or any of the ways specified in section 216(3) of the Insolvency Act 1986 (“Act”) in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business of the Insolvent Company under the following prohibited name:
ETERNAL LIVES LTD T/A STORYTERRACE
ETERNAL LIVES OPCO LTD T/A STORYTERRACE
Rule 22.5 – Statement as to the effect of the notice under rule 22.4(2):
Section 216(3) of the Act lists the activities that a director of a company that has gone into insolvent liquidation may not undertake unless the court gives permission or there is an exception in the Insolvency Rules under the Act (This includes the exceptions in Part 22 of the IR 2016). These activities are -
(a) acting as a director of another company that is known by a name which is either the same as a name used by the company in insolvent liquidation in the 12 months before it entered liquidation or is so similar as to suggest an association with that company;
(b) directly or indirectly being concerned or taking part in the promotion, formation or management of any such company; or
(c) directly or indirectly being concerned in the carrying on of a business otherwise than through a company under a name of the kind mentioned in (a) above.
This notice is given under rule 22.4 of the Insolvency (England and Wales) Rules 2016 where the business of a company which is in, or may go into, insolvency liquidation is, or is to be, carried on otherwise than by the company in liquidation with the involvement of a director of that company and under the same or a similar name to that of that company.
The purpose of giving this notice is to permit the director to act in these circumstances where the company enters (or has entered) insolvent liquidation without the director committing a criminal offence and in case of the carrying on of the business through another company, being personally liable for that company’s debts.
Notice may be given where the person giving the notice is already a director of a company which proposes to adopt a prohibited name.