Insolvency Notices

Company

BENFIELD TIMBER BUILDINGS LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
15/07/2022
Edition
The London Gazette
Notice ID
4118792
Notice Code
2403

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

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

BENFIELD TIMBER BUILDINGS LIMITED

04074238

Registered office: 5-6 Castle Way, Severn Bridge Industrial Estate, Portskewett, Caldicot, Gwent, NP26 5YG

Principal trading address: 5-6 Castle Way, Severn Bridge Industrial Estate, Portskewett, Caldicot, Gwent, NP26 5YG

On 12 July 2022, the above-named company entered liquidation.

I, Rebecca Jane Seymour Benfield , of 98 Market Street, Ashby de la Zouch, LE65 1AP was director of the above-named company on the day it entered liquidation. I give notice that I am acting and intend to act in one or more of the ways to which section 216(3) of the Insolvency Act 1986 would apply if the above-named company were to go into insolvent liquidation in connection, or for the purposes of, the carrying on of the whole of substantially the whole of the business of the above-named company under the name “BTBuildings (Manufacturing) Ltd”.

I would not otherwise be permitted to undertake the activities specified above without the leave of the court or the application of an exception created by the Rules made under the Insolvency Act 1986. 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 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 exception 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 many go into, insolvency 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 those notice is already the director of a company which proposes to adopt a prohibited name.

Published by Actons Solicitors, 4-8 Regent Street, Nottingham NG1 5BQ (reference AMW/50699-1-0). Telephone 0115 9100 200.