Insolvency Notices


Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
01/12/2017
Edition
The London Gazette
Notice ID
2918726
Notice Code
2403

RULE 4.228 OF THE INSOLVENCY RULES 1986

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

POLYGON TODD LIMITED

07892398

Trading Name: Pomegranate

On 1 November 2017 the above-named company went into insolvent liquidation. I, Andrew Ian Walters, of 1 Moxley Road, Manchester M8 4HJ, was a director of the above-named company during the twelve 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 name: Pomegranate Nursery Limited t/a Pomegranate.

Notes:

Section 216(3) of the Insolvency Act 1986, which is referred to above, lists the activities that a director of a company that has gone into insolvent liquidation may not undertake without the court giving leave or the application of an exception created under Rules made under the Insolvency Act 1986. (This includes Rule 4.228 of the Insolvency Rules 1986). 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 period of twelve months ending on the day 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 4.223 of the Insolvency Rules 1986 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 using this form may be given where the person giving the notice is already the director of a company which proposes to adopt a prohibited name.