Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
ELECSIS SWITCHGEAR LIMITED
07841739
Registered office: 5 Barnfield Crescent Exeter EX1 1QT
Principal trading address: Riverside Mill Business Park Wylds Road Bridgwater TA6 4BH
Rule 22.4 of the Insolvency (England and Wales) Rules 2016
Notice to Creditors of an Insolvent Company of the Re-Use of a Prohibited Name
On 22 March 2018 the above-named company entered into insolvent liquidation.
I, Paul Steadman of Brook Farmhouse Tedburn St Mary Exeter Devon EX6 6DS was a director
of the above named company during the twelve months ending with the day it went into
Creditors' Voluntary Liquidation.
I hereby give notice that it is my intention to act in one or more of the ways specified
in Section 216(3) of the Insolvency Act 1986 in connection with, or for the purpose of the
carrying on of the whole or substantially the whole of the business of the insolvent Company
under the names of: "Switchgear & Installation Services Limited" and " Elecsis Limited".
I would otherwise not be permitted to undertake those activities without leave of the
Court or the application of an exception created by Rules under the Insolvency Act 1986
and a breach of the prohibition created by Section 216 is a criminal offence.
Rule 22.5 - Statement as to the effect of the notice under Rule 22.4(2):
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 twelve 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.
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