Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016
NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE REUSE OF A PROHIBITED NAME
EML ELECTRICAL CONTRACTORS LIMITED
11036753(the “Company”)Registered office: C/O Restructuring Department S&W Partners LLP, 45 Gresham Street, London, EC2V 7BG
On 18 December 2025, the Company was placed into administration.
I, Mark Brear of 12 Dobson Way, Fengate, Peterborough, United Kingdom, PE1 5XJ, was a director of the Company within the past 12 months before it went into administration and on the day it entered administration.
I give notice that it is my intention to act in one or more of the ways to which section 216(3) of the Act would apply if the Company were to go into insolvent liquidation 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 following name:
EML Electrical Contractors Limited.
Rule 22.5 – Statement as to the effect of the notice under rule 22.4(2) of the Insolvency (England and Wales) Rules 2016 (“the Rules”)
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 Rules made under the Act. (This includes the exceptionsin Part 22 of the 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 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 day it entered administration.
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.
Further Statements
This notice must be given to every creditor of the insolvent company whose name and address is known or is ascertainable on the making of such enquiries as are reasonable in the circumstances.
This notice must be published in the London Gazette.
The notice to creditors and the London Gazette must be given and published no later than 28 days after completion of the acquisition of the whole (or substantially the whole) of the business of the insolvent company under arrangements made by the liquidator or office holder acting as administrator, administrative receiver or supervisor of a CVA.
I would not otherwise be permitted to undertake the activities as set out in section as specified in section 216 of the Act without the leave of the Court or the application of an exception created by the Rules made under The Act.
Breach of the prohibition created by s216 of the Act is a criminal offence.
