Insolvency Notices

Company

BPH REALISATIONS LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
21/11/2018
Edition
The London Gazette
Notice ID
3156226
Notice Code
2403

NOTICE TO THE CREDITOR OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME PURSUANT TO RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016 ("RULES")

BPH REALISATIONS LIMITED

07681149

Previous Name of Company: BOWLAND PLANT HIRE LTD

(IN ADMINISTRATION)

I refer to the administration of BPH Realisations Limited, Company Registration Number: 07681149 of 4th Floor Abbey House, 32 Booth Street, Manchester, M2 4AB (the "Company"). The Company traded from Unit B4 Barlow Way Rainham RM13 8BT and previously traded as Bowland Engineering Services Ltd and Bowland Plant Hire Ltd.

On 24 October 2018, the Company entered administration. I, Glyn John Alan Race of 107, New Providence Wharf, Fairmont Avenue, London, UK, E14 9PB was a director of the Company on the day it entered administration.

1. NOTICE OF RE-USE OF COMPANY NAME

As set out in paragraph 2 below, section 216(3) of the Act restricts when directors of a company in insolvent liquidation may be involved in the management of a company with the same or similar name.

The Company is not currently in insolvent liquidation, however, I am writing to notify you that I am acting and intend to continue to act in one or more of the ways to which the restrictions in section 216(3) of the Act would apply if the Company was to go into insolvent liquidation and that I continue to act in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business which was carried out by the Company by carrying on business under the following names:

- Bowland Plant Holdco Limited; and

- Bowland Plant Hire (UK) Limited.

It should be noted that I would not otherwise be permitted to undertake those activities 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.

2. EFFECT OF NOTICE OF RE-USE OF COMPANY NAME

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 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.