Notice category:
Corporate Insolvency
Notice type:
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date:
Edition:
The London Gazette
Notice ID:
3038664
Notice code:
2403
Issue number:
62302
Page number:
9770

NOTICE UNDER TULE 4.228 OF THE INSOLVENCY RULES 1986 OF THE INTENTION TO TRADE UNDER A PROHIBITED NAME

CHURRASCO STEAKHOUSE LTD

10119694

1. On 10 May 2018 Churrasco Steakhouse Ltd, (Company No. 10119694) entered into liquidation. Steak Out Liverpool Limited (Company No. 11316499) hereby gives notice that it intends to trade as Churrasco Steak House which is a prohibited named pursuant to Section 216 of the Insolvency Act 1986.

2. Graeme Alan Parry of 29 Headingley Close, Liverpool, L36 4QA, gives notice to all creditors of Churrasco Steakhouse Ltd, (Company No. 10119694) that he was a director and/or involved in the management of Churrasco Steakhouse Ltd, (Company No. 10119694) on the day it went into liquidation and that he intends to act in one or more ways to which Section 216(3) of the Insolvency Act 1986 would apply in connection with, or for the purposes of, the carrying out of the whole or substantially the business of Churrasco Steakhouse Ltd, (Company No. 10119694) through Steak Out Liverpool Limited (Company No. 11316499).

3. If this notice had not been published Graeme Alan Parry would not otherwise be permitted to undertake those activities outlined at paragraph 2 without the leave of the Court or the application of an exception created by Rules made under the Insolvency Act 1986.

4. Breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.

5. 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 give 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 a name of the kind mentioned in (a) above.

This notice is given in pursuance of 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.