Insolvency Notices


Company
Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
23/10/2019
Edition
The London Gazette
Notice ID
3412441
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

PADIMAX LIMITED

03676487

Registered office: 75-77 Buccleuch Street, Barrow in Furness LA14 1QQ

Principal trading address: Orme Business Centre, Greenacres Road, Oldham OL4 3NS

Trading Name: The Alcohol-Free Shop; Lono; The Lono Drinks Company; Choice Drinks; Drink & Dry; BottleToBox

On 10 October 2019 the above-named Company went into insolvent liquidation. I, John Francis Risby of Calla Carinena, 2 Portal 9 Piso 3 Puerta A, Rincon de la Victoria, Malaga, 29730, was a Director of the above-named Company during the 12 months ending with the day before it went into liquidation.

I give notice that it is my intention to act in one or more of the ways specified in Section 216(3) of the Insolvency Act 1986 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 names:

The Mindful Drinking Company Ltd T/A

The Alcohol-Free Shop

Lono

The Lono Drinks Company

Choice Drinks

Drink & Dry

BottleToBox

Rule 22.5 - Statement as to the effect of the notice under rule 22.4(2)

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.

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 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.