Insolvency Notices


Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
19/06/2019
Edition
The London Gazette
Notice ID
3309929
Notice Code
2403

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

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

BISTRO QUI? LIMITED

07011663

Trading Name: THE REFINERY

Registered office: YORKSHIRE HOUSE, 18 CHAPEL STREET, LIVERPOOL L3 9AG (PREVIOUS REGISTERED OFFICE GROVE HOUSE, 2ND FLOOR, 774-780 WILMSLOW ROAD, DIDSBURY, MANCHESTER M20 2DR)

Principal trading address: YORKSHIRE HOUSE, 18 CHAPEL STREET, LIVERPOOL L3 9AG (PREVIOUS REGISTERED OFFICE GROVE HOUSE, 2ND FLOOR, 774-780 WILMSLOW ROAD, DIDSBURY, MANCHESTER M20 2DR)

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 the name used by the company in the solvent liquidation in the twelve months before it entered liquidation or is so similar as to suggest an association with that company; or

(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 with the carrying on of a business otherwise and 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 a 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 carrying on a 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.

On 18 February 2019, the above named company went into administration

I, Mark John Friend, of The Old Rectory, Village Road, Waverton, Near Chester CH3 7QN was a director of the above named company during the twelve months ending 18th February 2019. I 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 purposes of, the carrying on of the whole or substantially the whole of the business of the insolvent company under the name Fed and Watered Hospitality Limited, t/a The Refinery.

I may not otherwise be permitted to undertake the activities specified above without the leave of the Court of the application of an exception created by Rules made under the Insolvency Act 1986. Breach of the prohibition created by Section 216 of the Insolvency Act 1986 is a criminal offence.