NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY REGARDING THE RE-USE OF A PROHIBITED NAME
06067164Trading Name:
Trading name or styleDolphin Fish Bar On 1 November 2024 the above-named company went into insolvent liquidation. I, Zaphiri Andreou of 1225 Warwick Road, Acocks Green, Birmingham, West Midlands B27 6PX , was a director of the above-named company during the 12 months ending with the day before it went into liquidation. Pursuant to rule 22.4 of the Insolvency Rules 2016 I give notice that it is my intention to act in one or more of the ways specified in Legislation section 216(3) of the Legislation: 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:
Dolphin AG Ltd (Company Number16009304) which will trade as Dolphin Fish Bar
I would not otherwise be permitted to undertake those activities without the leave of the court or application of an exception created by Rules made under the Insolvency Act 1986.
Breach of the prohibition created by s.216 under 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.
Recorded in The Gazette, issue 64560, 5 November 2024