Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
RULE 22.4 OF THE INSOLVENCY RULES 2016
NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME
R S MOTORHOMES SALES (SOUTH YORKSHIRE) LIMITED
07943716(the “Company”)On 18 May 2017, the Company entered administration.
We, Alison Rowe and Michael Andrew Rowe both of Unit C, Harworth Park, Blyth Road, Harworth, Doncaster, South Yorkshire, England, DN11 8DB hereby give notice to the creditors of the Company of the re-use of a prohibited name pursuant to section 216 Insolvency Act 1986 (the “Act”).
We give notice that we are acting and intend to act in all or any of the ways to which section 216(3) of the Insolvency Act 1986 if the Company were to go into insolvent liquidation, 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 name: RS Sales Nottingham Limited (Company Number 08735418).
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 made under the Insolvency Act 1986. (This includes the exceptions in Part 22 of the Insolvency (England and Wales) Rules 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;
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 kind of name 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 insolvent liquidation, or is to be, carried on otherwise than by a company in liquidation with the involvement of a director of that company and under the same or similar name to that of that of the 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 the case of 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 the director of a company which proposes to adopt a prohibited name.
A breach of the prohibition created by section 216 of the Act is a criminal offence.