Insolvency Notices

Company

HAIG CONSTRUCTION MANAGEMENT LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
07/08/2018
Edition
The London Gazette
Notice ID
3083698
Notice Code
2403

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

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

HAIG CONSTRUCTION MANAGEMENT LIMITED

08812815

(In Liquidation)

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 IR 2016 and to sections of the Act.

1. On 18 July 2018, Haig Construction Management Limited (in Liquidation) (Company Number 08812815), whose registered office is situated at Palladium House, 1-4 Argyll Street, London W1F 7LD (the "Insolvent Company") entered into Creditors' Voluntary Liquidation.

2. I, Mr Damien Kenny of 1 Haig Avenue, Poole, Dorset BH13 7AJ, was a director of the Insolvent Company on the day it entered Creditors' Voluntary Liquidation.

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 prohibited names:

HAIG CM LIMITED T/A HAIG

4. 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 the prohibited name without leave of the court or the application of an exception created by the IR 2016.

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

6. 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 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.

7. 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 IR 2016 (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 of that company and under the same or a similar name to that of that company.

9. The purpose of giving this notice is to permit the directors to act in these circumstances where the company enters (or has entered) insolvent liquidation without the 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.