Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
RULE 22.4 OF THE INSOLVENCY RULES 2016
NOTICE TO THE CREDITORS OF THE RE-USE OF A PROHIBITED NAME
YACHT SOLUTIONS WORLDWIDE LTD
11295336Registered office: Castle Hill Insolvency, 1 Battle Road, Heathfield industrial Estate, Newton Abbot, Devon, England, TQ12 6RY
Principal trading address: Unit 4, Turnchapel Wharf Barton Road, Turnchapel, Plymouth, Devon, PL9 9RQ
The above-named company entered into administration on 6 April 2021. On 6 April 2021, the above-named company transferred its entire assets and business to Yacht Solutions Europe Limited (company number 13124061) by way of a pre-pack administration sale.
I, David Watson of 26 Quarry Park Road, Plymstock, Plymouth, Devon, PL9 7BB was a director of Yacht Solutions Worldwide Ltd (company number 11295336) on the date that the above-named company entered into administration and continue to be so. It is my intention for the trading name of the above-named company, YACHT SOLUTIONS, to subsequently be adopted and used by Yacht Solutions Europe Limited (company number 13124061) to which I am also director.
I give notice under rule 22.4 of the Insolvency (England and Wales) Rules 2016 to ensure that I comply with section 216 of the Insolvency Act 1986 in the event that Yacht Solutions Worldwide Ltd (company number 11295336) enters into insolvent liquidation in the 12 months following the date of the pre-pack sale as outlined above.
Accordingly, I give notice that I will continue 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, the carrying on of the whole or substantially the whole of the business of Yacht Solutions Worldwide Ltd (company number 11295336) under the following name: YACHT SOLUTIONS.
A breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.
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 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 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.
