Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
MORATORIA, PROHIBITED NAMES AND OTHER: RE-USE OF A PROHIBITED NAME
NOTICE UNDER R22.4(2) OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016
TRIYOGA (UK) LIMITED
03842172Registered office: Quantuma Advisory Limited, High Holborn House, 52-54 High Holborn, London WC1V 6RL
Principal trading address: Unit 4, 122a Gloucester Avenue, London NW1 8HX
Date of Administration: 22 September 2022
I, Mr Robert David Rowland, was a Director of Triyoga (UK) Limited in the twelve months before the company went into administration. Notice is hereby given that it is my intention to act in all or any of the ways specified in section 216(3) of the Insolvency Act 1986 (“IA 1986”) in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business of the insolvent company. The name under which the business is to be carried on is Dalai Holdings Limited trading as triyoga.
S216 of IA 1986 would not permit me to do this unless I had the leave of the court or I was entitled to one of the exceptions under R22.4 of the Insolvency Rules 2016. Breach of the terms of S216 IA 1986 is a criminal offence.
"Section 216(3) of the IA 1986 lists the activities that a director of the 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 IA 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.
Mr Robert David Rowland
12 October 2022