Insolvency Notices

Company

BABEASE LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
17/12/2019
Edition
The London Gazette
Notice ID
3452215
Notice Code
2403

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

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

BABEASE LIMITED

07473497

(in administration) (the "Company")

12 November 2019

We are writing to all known creditors of the Company in accordance with Section 216 of the Insolvency Act 1986 ("IA") and Rule 22.4 of the Insolvency (England and Wales) Rules 1986 ("IR") in respect of the Company. Geoffrey Paul Rowley and Andrew Martin Sheridan both of FRP Advisory LLP, 110 Cannon Street, London EC4N 6EU (the "Administrators") were appointed as joint administrators of the Company on 21 November 2019.

We are writing to notify you that assets constituting the whole, or substantially the whole, of Company's business (the "Business") were purchased from the Administrators by Babease Foods Limited (Company Number 12320133) (the "Purchaser") pursuant to a sale agreement dated 21 November 2019.

Amitis Partners Limited (a company registered in England with company number 11370652 whose registered office is at Office 2a 55 Park Lane, London, England, W1K 1NA) ("Amitis") has acted a director of the Company since 9 July 2019, principally via its representative, Monica Monajem of 55 Park Lane, London W1K 1NA.

Amitis and Monica Monajem give notice that they intend to act in one or more ways specified in Section 216(3) IA in connection with, or for the purpose of, the carrying on of the whole or substantially the whole of the Business of the Purchaser.

The above persons would not be permitted to undertake these activities without the leave of the Court except by operation of one of the exceptions created by Rule 22.2 IR.

A breach of the prohibition created by section 216 IA is a criminal offence.

Section 216(3) IA 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 IR made under the IA. (This includes the exceptions in Part 22 of the IR.) 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 under rule 22.4 of the IR 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 giving 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.