Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
NOTICE OF RE-USE OF A PROHIBITED NAME
UMBRELLA (SOUTH EAST) LIMITED
08946273Trading Name: UMBRELLA GUARDIANS
IN CREDITORS' VOLUNTARY LIQUIDATION
Date of Winding Up : 28 September 2020
Notice is given by Ellington Benjamin , to the creditors of Umbrella (South East) Limited T/A Umbrella Guardians, that under rule 22.4 of The Insolvency (England and Wales) Rules 2016, that the said Ellington Benjamin of Lambourn House, Redlands, Coulsdon, Surrey, CR5 2HT
1. Intends to act in all or any ways specified in Section 216(3) in connection with, or for the purposes of, the carrying on of the whole of substantially the whole of the business of the insolvent company.
2. That the prohibited name under which the business is being or is to be carried on is Ellesse Management Limited T/A Umbrella Guardians.
3. That Mr Ellington Benjamin would not otherwise be permitted to undertake those activities without leave of the court or the application of an exception created by Rules made under the Insolvency Act 1986.
4. That breach of the prohibition created by s216 is a criminal offence and
5. That the effect of the notice under rule 22.4(2) is:
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.
This notice is given under rule 22.4 of the Insolvency (England and Wales) Rules 2016 where the business of the company which is in, 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 similar name to that of that company.
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.
Notice may be given where the person giving the notice is already the director of a company which proposes to adopt a prohibited name.
6. That the date of entering insolvent liquidation was 28 September 2020.
7. That Mr Ellington Benjamin was a director of the company during the 12 months ending with the date of the company entered insolvent liquidation
Signed
Ellington Benjamin
Date 16 March 2021
