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

The District of WokinghamRG10 9JU51.479678-0.857627INSOLVENCY ACT 1986Insolvency Act 1986INSOLVENCY ACT 1986, s. 216Insolvency Act 1986, s. 2162019-03-152019-03-22TSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211, customer.services@tso.co.uk323951262595

NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME

This notice is made in accordance with the requirements of

RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016 AND SECTION 216 OF THE INSOLVENCY ACT 1986

INTERSERVE PLC

00088456

1. On 15 March 2019, Interserve plc (company number: 00088456) whose registered address is Interserve House, Ruscombe Park, Twyford, Reading, Berkshire, RG10 9JU (the “Company”) entered administration.

2. I, Glyn Anthony Barker , of Interserve House, Ruscombe Park, Twyford, Reading, Berkshire, RG10 9JU was a director of the Company on the day it entered administration.

3. Section 216(3) of the Insolvency Act 1986 restricts when directors of a company in insolvent liquidation may be involved in the management of a company with the same or similar name.

4. I give notice that I am acting and intend to continue to act in one or more of the ways to which section 216(3) of the Insolvency Act 1986 would apply 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 Company under the following name:

INTERSERVE GROUP LIMITED

5. I would not otherwise be permitted to act in all or any of the ways specified in section 216(3) of the Insolvency Act 1986 in connection with, or for the purposes of, carrying on the whole or substantially the whole of the business of the Company under the prohibited name without leave of the court or the application of an exception created by Insolvency Rules made under the Insolvency Act 1986.

6. A breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.

7. 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 a name of the kind mentioned in (a) above.

8. 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.

9. 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.

10. Notice may be given where the person giving the notice is already the director of a company which proposes to adopt a prohibited name.