Insolvency Notices

Company

OVERDRAFT CRAFT ALE BARS LTD

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
31/10/2022
Edition
The London Gazette
Notice ID
4196520
Notice Code
2403

RULE 22.4(2) OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016

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

OVERDRAFT CRAFT ALE BARS LTD

11419567

Trading Name: Overdraft Craft Ale

Registered office: 55 Royal Mail House Terminus Terrace, Pbs Ltd, Southampton, SO14 3FD

Principal trading address: Trading Address: 5 Jewry Street, Winchester, SO23 8RZ

On 19 October 2022, the above-named Company went into insolvent liquidation. I, Mikha Rupert Rai of 11 Newcombe Road, Southampton, SO15 2FJ, was a director of the above-named Company during the 12 months ending with the day before it went into liquidation.

I hereby give notice to the creditors of the Company that it is my intention to act in all or any of the ways specified in section 216(3) of the Insolvency Act 1986, 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:

Overdraft Craft Ale Bars

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 Insolvency Rules made under the Insolvency Act 1986.

Breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.

Section 216(3) of the Insolvency Act 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 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. The notice is given under 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 similar name to that of that company.

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 person giving the notice is already the director of a company which proposes to adopt a prohibited name.