Insolvency Notices


Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
05/07/2022
Edition
The London Gazette
Notice ID
4111436
Notice Code
2403

NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME PURSUANT TO RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016 ("RULES")

HASTEE TECHNOLOGIES LTD

(IN ADMINISTRATION)

10547122("HTL")

On 13 June 2022 the directors of HTL ("Appointment Date") appointed Oliver Wright and Jane Steer both of PricewaterhouseCoopers LLP to act as administrators over HTL pursuant to paragraph 22 of Schedule B1 to the Insolvency Act 1986 ("Act").

I, Jaime Jimenez Moreno of Avenida 317, 11 Castelldefels, Barcelona, Spain, was a director of HTL on the Appointment Date.

1. NOTICE OF RE-USE OF COMPANY NAME

As set out in section 2 below, section 216(3) of the Act restricts when directors (or shadow directors) of a company in insolvent liquidation may be involved in the management of a company with the same or similar name.

HTL is not currently in insolvent liquidation, however, I am writing to notify you that I am acting and intend to continue to act in one or more of the ways to which the restrictions in section 216(3) of the Act would apply if HTL was to go into insolvent liquidation and that I continue to act in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business which was carried out by HTL by carrying on business under the following names:

- “Hastee”; and

- “Hastee Technologies”.

It should be noted that 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 section 216 of the Act is a criminal offence.

2. EFFECT OF NOTICE OF RE-USE OF COMPANY NAME (Rule 22.5 - Statement as to the effect of this notice under Rule 22.4(2) of the Rules)

Section 216(3) of the Insolvency Act 1986 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 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;

(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 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 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.