Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name

MertonCity of BristolBS2 0HG51.455522-2.580059SW19 4DR51.420648-0.208368Insolvency Act 1986Insolvency Act 1986, s. 216THE INSOLVENCY (ENGLAND AND WALES) RULES 2016the Insolvency (England and Wales) Rules 20162024-05-202024-06-10TSO (The Stationery Office), customer.services@thegazette.co.uk464090764419

NOTICE TO CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME

RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016

OFFSHORE DESIGN ENGINEERING LIMITED

01522642

(IN ADMINISTRATION)

Registered office: St George’s House, 5 St. George’s Road, Wimbledon, London SW19 4DR, United Kingdom.

Principal trading address: St George’s House, 5 St. George’s Road, Wimbledon, London SW19 4DR, United Kingdom.

Trading Name: Trading names or styles: Offshore Design Engineering, DORIS UK.

On 20 May 2024 (the “Appointment Date”), Offshore Design Engineering Limited (the “Company”) entered into administration and Matthew Whitchurch and Jonathan Dunn, both of FRP Advisory Trading Limited of Kings Orchard, 1 Queen Street, Bristol BS2 0HG, United Kingdom were appointed as its joint administrators.

We, Francis Philip Drennan, Christophe Sarri and Thierry Guillot, of 58A rue du Dessous des Berges, 75013 PARIS, France, who were directors of the Company as at the Appointment Date, hereby give notice that it is our 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 Company under the entity DORIS Engineering UK Limited (company number 15680228), which may use the name or trading names “DORIS”, “DORIS UK”, “DORIS Engineering UK Limited”, “Offshore Design Engineering”, “ODE Renewables”, “ODE” or such similar name.

Each of us may not otherwise be permitted to undertake these activities without the leave of the court or the application of an exception created by the Insolvency (England and Wales) Rules 2016 made under the Insolvency Act 1986. 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 (which 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.