NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME
RULE 22.4 OF THE INSOLVENCY (ENGLAND & WALES) RULES 2016
Registered office: 20 Priory Road, Ossett, WF5 8QL
Principal trading address: Trading Address: Queens Drive, Ossett, W Yorks, WF5 0NH
Trading Name: MALAGOR RESTAURANT
On 7 February 2018 the above-named company went into insolvent liquidation.
I, Mrs Benjawan Marshall of 20 Priory Road, Ossett, WF5 8QL was 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 one or more of the ways specified in s216(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 name:
Rule 22.5 - Statement as to the effect of the notice under rule 22.4(2):
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.
This notice is given in pursuance of 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 the giving of 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.