Insolvency Notices

Company

CLEARFLEAU LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
20/03/2018
Edition
The London Gazette
Notice ID
2991848
Notice Code
2403

CLEARFLEAU LIMITED

05567212

Registered office: (Formerly) 10 Wellington Street, Cambridge, Cambridgeshire CB1 1HW

Principal trading address: Lily Hill Court, Lily Hill Road, Bracknell, Berkshire RG12 2SJ

Rule 22.4(2) of The Insolvency (England and Wales) Rules 2016 ("The Rules")

Notice to creditors of an insolvent Company of the re-use of a prohibited name

On 7 March 2018, the Company was placed into Administration and a Notice of Appointment of Administrators was filed in the High Court by the Directors on the same day, appointing A J Duncan and N A Bennett of Leonard Curtis as Joint Administrators.

I, Mr Craig Chapman of 10 Wellington Street, Cambridge, Cambridgeshire CB1 1HW, was a director of the Company on the date on which the Company went into Administration and hereby give notice to the creditors of the Company that it is my intention to act, or continue to act, in all or any of the ways specified in Section 216(3) Insolvency Act 1986 (as amended) ("the Act"), in connection with, or for the purposes of, carrying on the whole or substantially the whole of the business on the insolvent company, under the following name: Clearfleau Group 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 Act. Breach of the prohibition created by Section 216 of the Act is a criminal offence.

Section 216(3) of the Act lists the activities that a director of the company that has gone into insolvent liquidation may not undertake unless the court gives permission or there is an exception in the Rules made under the Act (this includes the exceptions in Part 22 of the Rules). These activities are: 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; Directly or indirectly being concerned or taking part in the promotion, formation or management of any such company; or 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.

The notice is given under Rule 22.4 of the Rules 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 similar name to that of that company.

The purpose of giving this notice is to permit the director, Mr Craig Chapman, 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.

Ag SF121204