Insolvency Notices

Company

HAVELOCK EUROPA PLC

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
31/07/2018
Edition
The London Gazette
Notice ID
3079727
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

HAVELOCK EUROPA PLC

00782546

In Administration

This notice is made in accordance with the requirements of Rule 22.4 of the Insolvency (England and Wales) Rules 2016 (IR 2016) and Section 216 of the Insolvency Act 1986 (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 3 July 2018, Havelock Europa Plc whose registered office is situate at 12 Mansfield, Hamilton Court, Hamilton Way, Oakham Business Park, Mansfield, Nottinghamshire NG18 5FB (the "Company") entered into administration.

2. I, Shaun Allen Ormrod of 2 AC Court, High Street, Thames Ditton, Surrey KT7 0SR was a director of the Company on the day it entered administration.

3. I give notice that it is my intention to act in all or any one or more 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 Company under the following name: Havelock International Limited.

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 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 made 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 IA 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 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 in pursuance of 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 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 persons giving the notice are already the directors of a company which proposes to adopt a prohibited name.