Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
COMPANY REGARDING THE RE-USE OF A PROHIBITED NAME - RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016
UNIVERSAL SUPPLY CHAIN & SOLUTIONS LIMITED
(the “Company”)11985044Registered office: South Portway Close, Round Spinney, Northampton, United Kingdom, NN3 8RH
On 12 March 2024, the Company entered administration. I, Prakashbhai Mistry of South Portway Close, Round Spinney, Northampton, United Kingdom, NN3 8RH was a director of the Company on the day it entered administration. I give notice that it is my intention to act in all or any of the ways specified in section 216(3) of the Insolvency Act 1986 if the 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 Company under the following name:
• Universal Food Beverage and Luxury Gift Packing Limited
The name under which the business is being, or is to be, carried on which would be a prohibited name in respect of the person (myself) in the event of the Company (being Universal Supply Chain & Solutions Limited) entering insolvent liquidation. I would not otherwise be permitted to undertake those activities without the leave of the court or the application of an exception created by Rules made under the Insolvency Act 1986. Breach of the prohibition created by section 216 is a criminal offence.
Another company has acquired the whole, or substantially the whole, of the business of the Company under arrangements made by its administrators, and it is proposed that after the giving of the notice a prohibited name should be adopted by the other company.
“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 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.”
You do not need to respond to this notice which is provided for information purposes.