Insolvency Notices

Company

FIVEWAYS EXPRESS LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
04/04/2018
Edition
The London Gazette
Notice ID
3001720
Notice Code
2403

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

FIVEWAYS EXPRESS LIMITED

05161776

(IN ADMINISTRATION))

Registered office: c/o BBK Partnership, 1 Beauchamp Court, Victors Way, Barnet, Hertfordshire EN5 5TZ; formerly Unit 7, Voyager Business Estate, Spa Road, London SE16 4RP

Principal trading address: Unit 7, Voyager Business Estate, Spa Road, London SE16 4RP

On 20 March 2018 the above-named company entered insolvent liquidation.

I, William Langley of 2 Burton House, Repton Place, White Lion Road, Amersham, Buckinghamshire HP7 9LP was a director of the company during the 12 months ending with the day before it went into liquidation.

I give notice that it is my intention to act in one or more ways specified in Section 216 (3) of the Insolvency Act 1986 ("The Act") 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: Simply Parcels Limited trading as Fiveways Express.

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 s216 of The Act is a criminal offence.

RULE 22.5 - STATEMENT AS TO THE EFFECT OF THE NOTICE UNDER RULE 22.4(2):

Section 216(3) of The Act 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 Act ("The Rules"), including the exceptions in Part 22 of The Rules.

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 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 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.

William Langley