Insolvency Notices

Company

EMC CONTRACTS (UK) GROUP LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
12/06/2017
Edition
The London Gazette
Notice ID
2801181
Notice Code
2403

EMC CONTRACTS (UK) GROUP LIMITED

07285260

Registered office: Rushtons, 1 Faraday Court, Fulwood, Preston PR2 9NB

Principal trading address: 220a Cocker Road, Walton Summit Industrial Estate, Preston PR5 8BP

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

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

On 15 May 2017 the above named Company was placed into administration.

The following individual was a relevant director of the above named Company during the 12 months ending with the day before it went into administration. Cory Cotterell - 1 Faraday Court, Fulwood, Preston PR2 9NB.

I hereby give notice that it is my intention to act in one or more of the ways specified in section 216(3) Insolvency Act 1986 in connection with, or for the purposes of, carrying on the whole or substantially the whole of the insolvent company under the following name: EMC Contracts (NW) Limited.

It should be noted that the person would not otherwise be permitted to undertake those activities without the leave of the court or the application of an exception created by Rules made under the Insolvency Act 1986. A breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.

Under the provisions of the Insolvency (England and Wales) Rules 2016 I am required to give you notice that I intend to use a name by which the Company was known or a name which is so similar as to suggest an association with the Company.

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.

The 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 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.

Ag JF30631