Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
NOTICE TO CREDITORS OF AN INSOLVENT COMPANY REGARDING THE RE-USE OF A PROHIBITED NAME
LETTASAFE LTD
07357999Trading Name: Trading name or style: Lettasafe
(in Creditors’ Voluntary Liquidation)
Registered office: 1st Floor, Prospect House, Rouen Road, Norwich, England, NR1 1RE
Principal trading address: Unit 4 MB Site, Norwich Road, Norwich, NR13 4EZ
I, Louise Baker of Sepulveda House, Seagull Road, Scratby, Great Yarmouth, NR29, 3NY, was appointed a director of the above-named company during the 12 months ending with the day before it went into liquidation.
I give notice that it is my intention to act in all or any 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 names:
• Lettasafe; and / or
• Lettasafe Ltd; and / or
• Lettasafe Limited
Notes
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; 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.
Breach of the prohibition created by section 216 is a criminal offence.
This notice is given because the business of a company which is in 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 director has issued a Court application to request the permission of the Court to undertake the activities mentioned in section 216(3) Insolvency Act 1986. As that application was issued within 7 business days of the day on which the insolvent company entered into liquidation, pursuant to Rule 22.6 of the of the Insolvency (England and Wales) Rules 2016, the director may, for the period starting with the day on which the insolvent company went into liquidation and ending on the day falling six weeks after that day, undertake the activities mentioned in section 216(3) Insolvency Act 1986 notwithstanding that he does not presently have the permission of the Court.
The purpose of the application in connection with which this notice is given is to permit the director to act in these circumstances where the company 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.
