Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name

-0.09805751.523307EC1M 7ADInsolvency Act 19862017-12-222018-01-03Insolvency Act 1986, s. 216The London Borough of IslingtonTSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211,




On 22 December 2017, Thought Machine Limited (Company No. 09022738) went into administration.

Paul Alexander Taylor (of Devonshire House, 60 Goswell Road, London, EC1M 7AD), being a director of the above-named company on the day it went into administration, gives notice to all creditors that he is acting and intends to continue to act in one or more of the ways to which this section 216(3) of the Insolvency Act 1986 would apply if the above-named 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 above-named company under the name of "Thought Machine". He would not otherwise be permitted to undertake those activities without the leave of the court or the application of an exception created by Rules made under the Insolvency Act 1986. A breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.

Section 216(3) of the Insolvency Act 1986 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 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 the 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, insolvent 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 the giving of 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 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 the director of a company which proposes to adopt a prohibited name.