09347816(IN ADMINISTRATION) (“The “Company”)
Registered officeHarbour Close, Marchwood, Southampton, United Kingdom, SO40 4AF
Please take note that on 19 December 2019, the directors of the Company filed for administration and appointed CHI Moore (the "Administrator") of KJ Watkin & Co, Emerald House, 20-22 Anchor Road, Aldridge, Walsall WS9 8PH as administrator of the Company.
On 19 December 2019, the Administrators sold substantially the whole of the Company's business and assets to Binti Marine Holdings Limited (12362047), whose registered office is at Lymington Yacht Haven, Kings Saltern Road, Lymington, England, SO41 3QD.
WeWerner Schnaebele, Adrian Stafford Chen, Nick Gill, John Burnie and David Winduss all of Harbour Close, Marchwood, Southampton, United Kingdom, SO40 4AF were directors of the Company at the time it entered administration.
We hereby give notice that it is our intention to act in all or any 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 Company under the following name: Discovery Yachts Group
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 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.
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.
Recorded in The Gazette, issue 62886, 13 January 2020