Insolvency Notices

Company

T.D. BROWN & SONS LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
21/01/2020
Edition
The London Gazette
Notice ID
3473640
Notice Code
2403

T D BROWN & SONS LIMITED

04724744

Registered office: Fairlawn Lark Hill Road Canewdon Essex SS4 3RZ

Principal trading address: Fairlawn Lark Hill Road Canewdon Essex SS4 3RZ

Notice to the Creditors of an Insolvent Company on the Re-Use of a Prohibited name - Rule 22.4 of the Insolvency Rules 2016

On 23 January 2019, the above-named company went into insolvent administration.

I, Terry Brown of Fairlawn Lark Hill Road Canewdon Essex SS4 3RZ was a director of the above-named company during the twelve months ending with the day before it went into administration.

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: Terry Brown & Sons Limited.

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 twelve 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 accompany: 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 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.