Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY REGARDING THE RE-USE OF A PROHIBITED NAME - RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016
RIPMAX LTD
00467046This notice is made in accordance with the requirements of Rule 22.4 of the Insolvency (England and Wales) Rules 2016 (“IR16”) and Section 216 of the Insolvency Act 1986 (the “Act”). References in this notice to rules and sections are, unless expressly provided otherwise, respectively references to rules of IR16 and to sections of the Act.
1. On 12 July 2023, RIPMAX LTD, whose registered office is situated at Unit 1, Ingersoll House, Delamare Road, Cheshunt, Waltham Cross, England, EN8 9SL (the “Insolvent Company”), will enter insolvent liquidation.
2. I, Nicholas Julian Moss of Unit 1, Ingersoll House, Delamare Road, Cheshunt, Waltham Cross, England, EN8 9SL, have been a director of the Insolvent Company at all times during the period of 12 months prior to the date on which it will enter liquidation.
3. I give notice that it is my intention to act in all or any of the ways specified in section 216(3) of the Act 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 prohibited names:
RIPMAX LTD (Company Number 08606505)
4. I would not otherwise be permitted to act in all or any of the ways specified in section 216(3) of the Act 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 prohibited name without leave of the court or the application of an exception created by IR16.
5. A breach of the prohibition created by Section 216 of the Act is a criminal offence.
6. Section 216(3) of the Act 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 under the Act (This includes the exceptions in Part 22 IR16). 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.
7. This notice is given under rule 22.4 IR16 where the business of a company which is in, or may go into, insolvency 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.
8. The purpose of giving this notice is to permit me as director of the Insolvent Company to act in these circumstances where the company enters insolvent liquidation without the directors committing a criminal offence and in 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 persons giving the notice are already directors of a company which proposes to adopt a prohibited name.
