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

City of WestminsterReadingRG1 1LX51.458083-0.972693W1D 3QU51.514657-0.132821Insolvency Act 1986Insolvency Act 1986, s. 216THE INSOLVENCY (ENGLAND AND WALES) RULES 2016the insolvency (England and Wales) Rules 20162023-09-082023-09-29TSO (The Stationery Office), customer.services@thegazette.co.uk445281764187

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

NOTICE UNDER RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016

AUSTIN FRASER LIMITED

05684470

(IN ADMINISTRATION)

Trading Name: AUSTIN FRASER

Registered office: Thames Tower, Floor 11, Station Road, Reading, England, RG1 1LX

This notice is made in accordance with the requirements of Rule 22.4 of the insolvency (England and Wales) Rules 2016 (the “IR 2016”) and Section 216 of the Insolvency Act 1986 (the “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. It is noted that Austin Fraser Limited, whose registered office is at Thames Tower, Floor 11, Station Road, Reading, England, RG1 1LX (the “Company”), entered into administration on 8 September 2023 (the “Administration Date”).

2. On the Administration Date, the business and certain assets of the Company were sold to Austin Fraser International Limited (company number: 14971372) whose registered address is at 33 Soho Square, London, England, W1D 3QU.

3. I, Peter Hugh Hart of c/o Austin Fraser International Limited of 33 Soho Square, London, England, W1D 3QU, was a director of the Company as at the Administration Date and I give notice that I am acting and intend to continue to act in one or more of the ways to which section 216(3) of the Insolvency Act 1986 would apply if the above-named 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 names:

AUSTIN FRASER

AUSTIN FRASER INTERNATIONAL

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.

Rule 22.5 - Statement as to the effect of the notice under rule 22.4(2):

6. Section 216(3) of the Act 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 IR 2016 under the Act (this includes the exceptions in rule 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 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.

7. 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, insolvency 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 the company.

8. The purpose of giving this notice is to permit the directors to act in these circumstances where the company enters (or has entered) insolvent liquidation 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.

9. Notice may be given where the persons giving the notice are already directors of a company which proposes to adopt a prohibited name.