Insolvency Notices


Company
Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
11/11/2022
Edition
The London Gazette
Notice ID
4207106
Notice Code
2403

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

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

AMARYA LIMITED

06722653

Trading Name:

Registered office: C/O BEGBIES TRAYNOR, Lymedale Business Centre Lymedale Business Park Hooters Hall Road, Newcastle, Staffordshire, ST5 9QF

Principal trading address:

This notice is made in accordance with the requirements of Rule 22.4 of the Insolvency (England and Wales) Rules 2016 (IR 2016) and Section 216 of the Insolvency Act 1986 (Act). References in this notice to rules and sections are, unless expressly provided otherwise, respectively references to rules of the IR 2016 and to sections of the Act.

On 4 August 2022 the above-named company entered insolvent liquidation

. I, Ian White, of 31 Macclesfield Road, Holmes Chapel, Crewe CW4 7NQ was a director of the above-named company during the 12 months ending with the day before it went into liquidation.

I hereby give notice that it is my 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 following names:

Amarya

Balm Balm

Walden Natural Perfumes

Ooh! - Oils of Heaven

The Castilian Soap Company

Glossworks

Moi Vert

I 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 directors 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(s) giving the notice are already directors of a company which proposes to adopt a prohibited name.