Insolvency Notices

Company

ABS CLEANING & RESTORATION LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
20/07/2018
Edition
The London Gazette
Notice ID
3072717
Notice Code
2403

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

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

ABS CLEANING & RESTORATION LIMITED

09054454

Registered office: Unit 44 North Mersey Business Centre, Woodward Road, Knowsley Industrial Park, Liverpool, L33 7UY

Principal trading address: Unit 44 North Mersey Business Centre, Woodward Road, Knowsley Industrial Park, Liverpool, L33 7UY

We, Stephen Sleight and David Walker, of 9b Hoghton Street, Southport PR9 0TE were (without any admission) persons who may be considered to have been shadow directors of the above-named Company or otherwise concerned in its promotion, formation or management during the 12 months ending with the day before 25 July 2018 when it will enter insolvent liquidation.

We 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 purpose of, the carrying on of the whole or substantially the whole of the business of the insolvent Company under the name ABS Restoration Ltd trading as ABS Restoration.

We would otherwise not be permitted to undertake those activities without leave of the Court or the application of an exception created by Rules under the Insolvency Act 1986 and a breach of the prohibition created by Section 216 is a criminal offence. The below statement applies equally to shadow directors.

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.