Insolvency Notices

Company

FLEXAL SPRINGS UK LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
04/02/2019
Edition
The London Gazette
Notice ID
3202349
Notice Code
2403

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

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

FLEXAL SPRINGS UK LIMITED

(In Liquidation)

05325736

This Notice is made in accordance with the requirements of Rule 22.4 of the Insolvency (England and Wales) Rules 2016 (the "IR 2016") and Section 216 of the Insolvency Act 1986 (the "Act"). References in this Notice to Rules and Sections are, unless expressly provided otherwise, respectively references to Rules of the IP 2016 and to Sections to the Act.

1. Flexal Springs UK Limited (Company Number 05325736), whose registered office is situated at 105 Exeter Road, Harrow, Middlesex HA2 9PQ (the "Insolvent Company") intends shortly to enter into Creditors' Voluntary Liquidation.

2. I, Mr Nalin de Silva of 31 Sylvia Avenue, Pinner HA5 4QW, am a shadow director of the Insolvent Company and I will be so on the day that it enters Creditors' Voluntary Liquiadtion.

3. I give notice that it is my intention to act in all or any of the ways specified in section 216(3) of the Act in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business of the Insolvent Company under the following name which would be a prohibited name in the event of the Insolvent Company entering insolvent liquidation:

Flexal Springs Alliance Limited (the "Prohibited Name")

4. Flexal Springs Alliance Limited is to acquire, the whole, or substantially the whole, of the business of the Insolvent Company under arrangements made by its liquidator.

5. I would not otherwise be permitted to act in all or any of the ways specified in section 216(3) of the Act in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business of the Insolvent Company under what would be the Prohibited Name in the event of the Insolvent Company entering insolvent liquidation without leave of the court or the application of an exception created by the IR 2016.

6. A breach of the prohibition created by section 216 of the Act is a criminal offence.

7. Section 216(3) of the Act lists the activities that a director or shadow 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 under the Act (This includes the exceptions in Part 22 of the IR 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.

8. This notice is given under Rule 22.4 of the IR 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 or shadow director of that company and under the same or a similar name to that of that company.

9. The purpose of the giving this notice is to permit the directors and shadow directors to act in these circumstances where the company enters (or has entered) insolvent liquidation without the director or shadow directors committing a criminal offence and in 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 persons giving the notice are already directors of a company which proposes to adopt a prohibited name.