Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
NOTICE PURSUANT TO SECTION 216 OF THE INSOLVENCY ACT 1986 AND RULE 12.4 OF THE INSOLVENCY (SCOTLAND) (RECEIVERSHIP AND WINDING UP) RULES 2018
IN RESPECT OF
NEXABIOME LIMITED
(in administration)
Company Number: SC373464
and Jason Clark, Christopher Bindon and Albert Nicholl
Section 216(3) of the Insolvency Act 1986 (the "Act") lists the activities that a director or shadow 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 Act. (This includes the exceptions in Part 12 of the Insolvency (Scotland) (Receivership and Winding up) Rules 2018.) 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.
(together "the Activities").
This notice is given under rule 12.4 of the Insolvency (Scotland) (Receivership and Winding up) Rules 2018 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 or shadow 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 or shadow director to act in these circumstances where the company enters (or has entered) insolvent liquidation without the director or shadow 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.
It is the intention of Jason Clark, Christopher Bindon and Albert Nicholl (the "Relevant Individuals") to act, or continue 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 Nexabiome Limited (in administration), a company incorporated in Scotland with registered number SC373464 and having its registered office and trading address at West Of Scotland Science Park, Block 2 West Of Scotland Science Park, Block 2, Kelvin Campus, 2317 Maryhill Road, Glasgow, Scotland, G20 0SP (the "Insolvent Company").
It is the intention of the Relevant Individuals:-
(i) to carry out the Activities in connection with Nexabiome Life Sciences Limited, a company incorporated in England and Wales with registered number 16394270 and having its registered office at Atrium Court C/O Healys LLP, 15-17 Jockey's Fields, London, United Kingdom, WC1R 4BW; and
(ii) that Nexabiome Life Sciences Limited would carry on business using the name "Nexabiome" (the "Name").
The Name is, would be, or may be, a prohibited name (within the meaning of section 216(2) of the Act) in respect of the Relevant Individuals. The Relevant Individuals would or may not be permitted to undertake the Activities without the leave of the court or the application of an exemption created by Rules made under the Act.
Breach of the prohibition created by section 216 of the Act is a criminal offence.
Julie Tate and Stuart Preston were appointed as administrators of the Insolvent Company (the "Administrators") on 1 May 2025. Albert Nicholl and Jason Clark were directors of the Insolvent Company on that date and Christopher Binden formed part of the management of the Insolvent Company on that date.
On 1 May 2025, Nexabiome Life Sciences Limited acquired the whole, or substantially the whole, of the business and assets of the Insolvent Company from the Insolvent Company under arrangements made by the Administrators acting as administrators of the Insolvent Company.
