Insolvency Notices

Company

EOS CONGRESS COMPANY LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
21/04/2021
Edition
The London Gazette
Notice ID
3787615
Notice Code
2403

EOS CONGRESS COMPANY LIMITED

08597278

Registered office: Gateway House, Highpoint Business Village, Henwood, Ashford, TN24 8DH

Principal trading address: Flat 20, 49 Hallam Street, London, W1W 6JN

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

On 6 August 2020 the above named Company went into creditors’ voluntary liquidation.

On 13 April 2021 substantially the whole of the business and assets of the Company were acquired by EOS Trading Company Limited (company number 13198308) which carried on the whole, or substantially the whole, of the Company’s business.

We, Professor Fraser McDonald and Professor Dirk Bister, both of 73, Cornhill, London EC3V 3QQ, were Directors of the Company during the 12 months ending with the day before it went into Liquidation.

We hereby give Notice that it is our intention to act in one or more ways specified in section 216(3) of the Insolvency Act 1986 in connection with, or for the purposes of, carrying on the whole or substantially the whole of the business of the insolvent Company under the following name: EOS Trading Company Limited (company number 13198308).

We are aware that without this statement we 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 and that a breach of the prohibition created by section 216 is a criminal offence, and we set out this statement as to the effect of the notice under Rule 22.4(2) below:

“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 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 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 DH11166