Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
NOTICE UNDER RULES 22.4 AND 22.5 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016
SOURCEABLE LIMITED
07714150Registered office: Maltings Place, 54, 169 Tower Bridge Road, London SE1 3JL
1. On 9 December 2019, Sourceable Limited (company number: 07714150) trading as 'SWOON' whose registered address is Maltings Place, 54, 169 Tower Bridge Road, London SE1 3JL entered administration ("the Company").
2. On the same date, the business and assets of the Company were sold to Swoon Editions Limited (Company number: 12329247) whose registered address is Maltings Place, 54, 169 Tower Bridge Road, London SE1 3LJ. Swoon Editions Limited will trade the purchased business under the trading name 'SWOON.'
3. I, Brian Harrison, of The Old Grandstand, Lewes, BN7 1UR was a director of the Company on the day it entered administration. I was also a director of the Company during the 12 months before the day it entered administration.
4. 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.
5. Notice is hereby given that I am acting and intend to continue to act in one or more of the ways specified in Section 216(3) of the Insolvency Act 1986 (as amended) 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: SWOON EDITIONS LIMITED trading as ‘SWOON'.
6. 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 the Insolvency (England and Wales) Rules 2016 made under the Insolvency Act 1986.
7. A breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.
8. 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.
9. 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.
10. 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 the carrying on of the business through another company, being personally liable for that company's debts.
11. Notice may be given where the person giving the notice is already the director of a company which proposes to adopt a prohibited name.
