Insolvency Notices


Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
08/01/2019
Edition
The London Gazette
Notice ID
3184475
Notice Code
2403

This notice is in substitution for that which appeared in The London Gazette on 19th December 2018 - notice ID 3174803; issue number 62501, and page 23170 in the 20 December 2018 printed edition. Notice URL - https://www.thegazette.co.uk/notice/3174803

RULE 22.4 INSOLVENCY RULES 2016

SM1 (SHREWSBURY) LIMITED

10268478

Trading Name: t/a Harvey’s Restaurant and Bar

(In Liquidation)

(“The Company”)

Registered office: The Corner House, 4 Beaumont Road, Church Stretton, Shropshire, United Kingdom, Sy6 6bn

Principal trading address: 11 Fish Street, Shrewsbury Sy1 1ur

On the 13 December the company was placed into insolvent liquidation

I, Stephen Mulligan of Woodcote, Woodhall Drive, Pound Lane, Shrewsbury, SY5 8JX was a director of the 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 ways specified in section 216 (3) of the insolvency act by carrying on the business of SM1 (Shrewsbury) Limited T/A Harvey’s Restaurant And Bar (10268478) and any other business under “Harveys of Shrewsbury Ltd” trading as or using the name

“Harveys” “Restaurant” and “Bar”

or any combination of these words on its title”.

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 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 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.