Insolvency Notices


Company
Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
23/12/2020
Edition
The London Gazette
Notice ID
3705256
Notice Code
2403

NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY REGARDING THE RE-USE OF A PROHIBITED NAME - RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016

JASCOTS WINE MERCHANTS LIMITED

08887662

Registered office: Third Floor, One London Square, Cross Lanes, Guildford, GU1 1UN

Principal trading address: The Observatory Pinnacle House, 260 Old Oak Common Lane, London, NW10 6DX

On 30 November 2020 the Company entered administration.

We:

(a) John Charnock,

(b) Miles MacInnes; and

(c) Ian Carter,

each of The Observatory Pinnacle House, 260 Old Oak Common Lane, London NW10 6DX, were directors of the Company on the day it went into administration.

We hereby give notice that we are acting and intend to continue to act in all or any of the ways specified in 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 above-named company under the following name:

JASCOTS WINE LIMITED

If this notice had not been published, we would not otherwise be permitted to undertake such activities without the leave of the Court or the application of an exception created by the Insolvency (England and Wales) Rules 2016 or the Insolvency Act 1986.

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

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 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 the giving of 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”.