Insolvency Notices

Company

BAR BLACK LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
26/03/2018
Edition
The London Gazette
Notice ID
2996201
Notice Code
2403

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

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

BAR BLACK LIMITED

08833184

Trading Name: “The Old Rectifying House”, “The Old Rec” and “theoldrec.co.uk”

Registered office: Suite 1, Canon Court East Abbey Lawn, Abbey Foregate, Shrewsbury, Shropshire, SY2 5DE (previously 31 St. Johns, Worcester WR2 5AG)

Principal trading address: North Parade, Worcester WR1 3NN

On 26 January 2018, the above-named Company went into creditors' voluntary liquidation.

On 6 March 2018, the whole or substantially the whole of the business of the above-named company was acquired from the above-named company under arrangements made by its liquidator.

I, Matthew Denwood of 35 Bath Road, Worcester, Worcestershire, WR5 3AB 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 ways specified in section 216(3) of the Insolvency Act 1986 in connection with, or for the purposes of, carrying on the whole or substantially the whole of the business of the above named insolvent company under the following name(s):

Bar Black Limited, Bar Black, The Old Rectifying House, The Old Rec, theoldrec.co.uk, and any derivatives thereof.

Section 216 of the Insolvency Act 1986 would not permit me to do the above unless I had the leave of the court or I was entitled to one of the exceptions under rule 22.4 of the Insolvency (England and Wales) Rules 2016.

A breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.

Rule 22.5 – Statement as to the effect of the notices 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 under 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 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.”