Insolvency Notices

Company

SEWELL WALLIS LTD

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
27/11/2018
Edition
The London Gazette
Notice ID
3159617
Notice Code
2403

RULE 22.4 OF THE INSOLVENCY RULES 2016

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

SEWELL WALLIS LTD

10546357

(the “Company”)

On 01 November 2018, the Company entered administration.

We, Kayley Anne Haythornthwaite of 19 School House Way, Newbold, Chesterfield S41 7QU and Lucy Margaret Campbell of Flat 7, Lidgett Lane, Leeds LS17 6QE were directors of the Company on the date of administration. We hereby give notice to the creditors of the Company of the re-use of a prohibited name pursuant to section 216 Insolvency Act 1986 (the “Act”).

We give notice that we are acting and intend to act in all or any of the ways to which section 216(3) of the Insolvency Act 1986 if the Company were to go into insolvent liquidation, 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: Sew Services Ltd trading as Sewell Wallis (Company Number: 11555279).

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 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 into 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 kind of name mentioned in (a) above.

This 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, or is to be, carried on otherwise than by a company in liquidation with the involvement of a director of that company and under the same or similar name to that of that of the 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 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. We would not otherwise be permitted to undertake those activities without the leave of the court or the application of an exception created by Rules made under the Insolvency Act 1986.

A breach of the prohibition created by section 216 of the Act is a criminal offence.