Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name

WaverleyMilton KeynesGU7 1TS51.174884-0.603913MK9 1FF52.036541-0.767708Insolvency Act 1986Insolvency Act 1986, s. 216the Insolvency (England and Wales) Rules 20162023-06-202023-07-17TSO (The Stationery Office), customer.services@thegazette.co.uk440098564117

NOTICE TO CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME

FRANK BROWN & SON LUTON LTD

00886223

(IN ADMINISTRATION)

This notice is made in accordance with the requirements of Rule 22.4 of the Insolvency (England and Wales) Rules 2016 (IR 2016) and Section 216 of the Insolvency Act 1986 (Act). References in this notice to rules and sections are, unless expressly provided otherwise, respectively references to rules of the IR 2016 and to sections of the Act.

1. On 20 June 2023, Frank Brown & Son Luton Ltd (T/A Frank Brown Aviation Tooling), whose registered office is at C/O MAZARS LLP, The Pinnacle 160 Midsummer Boulevard, Milton Keynes, MK9 1FF (Company) entered into administration.

2. I, Christopher Michael Glass of 28 Chestnut Way, Godalming, Surrey, GU7 1TS, was director of the Company during the 12 months ending with the day it went into administration.

3. Pursuant to Rule 22.4 of the IR 2016, I give notice that it is my intention to act in all or any one or more of the ways specified in Section 216(3) of the Act 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 using the following name: FrankBrown AviationFrankBrown Aviation Ltd

4. I would not otherwise be permitted to act in all or any of the ways specified in Section 216(3) of the Act 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 prohibited name without leave of the court or the application of an exception created by the IR 2016.

5. A breach of the prohibition created by Section 216 of the Act is a criminal offence.

6. Section 216(3) of the Act lists the activities that a director of a company that has gone into administration may not undertake unless the court gives permission or there is an exception in the rules under the Act (this includes the exceptions in Part 22 of the IR 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 administration in the 12 months before it entered administration 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.

7. Section 216(3) of the Act lists the activities that a director of a company that has gone into administration may not undertake unless the court gives permission or there is an exception in the IR 2016 (This includes the exceptions in Part 22 of the IR 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 administration in the 12 months before it entered administration 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.

8. This notice is given under Rule 22.4 of the IR 2016 where the business of a company which is in, or may go into, administration is, or is to be, carried on otherwise than by the company in administration with the involvement of a director of that company and under the same or a similar name to that of that company.

9. The purpose of giving this notice is to permit the directors to act in these circumstances where the company enters (or has entered) administration without the directors committing a criminal offence and in 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 persons giving the notice are already directors of a company which proposes to adopt a prohibited name.