Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME
RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016
ON-BROADCAST COMMUNICATIONS LIMITED
07133552Trading Name: On-Broadcast and OBC
On 17 May 2023, the above-named Company entered into insolvent liquidation, which had previously traded as On-Broadcast and OBC.
I, ELLEN OCKEY of 93a Sotheby Road, London, England N5 2UT, was a director of the insolvent company in the 12 months preceding the date upon which the above company went into liquidation.
Pursuant to Rule 4.228 of the Insolvency Rules 1986, I give notice that it is my intention to act in one or more 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 the insolvent company under the following trading name On-Broadcast.
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; (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 in pursuance of 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 committing a criminal offence and in the case of carrying on of the business through another company, being personally liable for that company’s debts. Notice may be given where the persons giving the notice are already the director of a company which proposes to adopt a prohibited name.
A breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.