Insolvency Notices


Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
27/11/2017
Edition
The London Gazette
Notice ID
2915249
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

ACT MAINTENANCE SOLUTIONS LTD

06570235

Registered office: Unit 9 Coopers Point, Coopers Lane, Knowsley, Liverpool L33 7UB

Principal trading address: Trading Address: Unit 9 Coopers Point, Coopers Lane, Knowsley, Liverpool L33 7UB

We, Christopher Richards and Andrew Whittle, of 17 George Street, St Helens, Merseyside WA10 1DB were Directors of ACT Maintenance Solutions Ltd during the 12 months ending with the day before 20 November 2017 when it entered Creditors' Voluntary 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 ACTS Maintenance Solutions Ltd.

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.

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.