Insolvency Notices


Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
08/12/2020
Edition
The London Gazette
Notice ID
3690396
Notice Code
2403

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

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

EVENT EXHIBITION AND DESIGN LTD

02891062 (“the Company”)

Registered office: Wagon Yard, London Road, Marlborough, SN8 1LH

On 16th November 2020, the Company was placed into creditors’ voluntary liquidation and David Kemp and Richard Hunt of SFP Restructuring Limited, 9 Ensign House, Admirals Way, Marsh Wall, Docklands, London E14 9XQ were appointed liquidators.

On 30 November 2020, Event Exhibition Limited (company number (12528371) acquired the business and certain of the assets of the Company, by way of an arrangement made with the liquidators of the Company.

It is the intention of both David Daw and Angela Daw both of Little Ground (House), Bottlesford, Nr Pewsey, Wilts SN9 6LW to be appointed as directors of Event Exhibition Limited and to act in all or any of the ways specified in section 216(3) Insolvency Act 1986 (as amended) in connection with or for the purposes of the carrying on of the whole or substantially the whole of the business of the Company.

The name “Event Exhibition” or any reasonably colourable variation thereof, would be a prohibited name for the purposes of section 216 of the Act in relation to both David Daw and Angela Daw.

Neither David Daw nor Angela Daw would otherwise be permitted to undertake the aforesaid activities without the leave of the Court, or the application of an exception created by Rules made under the Insolvency Act 1986 (as amended).

In these circumstances, rule 22.4 applies, as Event Exhibition Limited has acquired the whole or substantially the whole of the business carried on by the Company.

Breach of the prohibition created by section 216 of the Act is a criminal offence.

Statement as to the effect of the notice under rule 22.4(2)

22.5. The statement as to the effect of the notice under rule 22.4(2) must be as set out 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; 2403/12

(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 a 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.”