Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016 (IR 2016)
NOTICE OF RE-USE OF A PROHIBITED NAME
SAGE 8 FOODS LTD
11028603(IN LIQUIDATION)
1. On 19 December 2024, Sage 8 Foods Ltd (CRN:11028603) whose registered address is Barley Thorpe Barn, Islip Road, Bletchingdon, Kidlington, OX5 3DP (the “Company”) entered into insolvent liquidation.
2. We, Alexandra Aurelia Sijlmans Von Eldik of Barley Thorpe Barn, Islip Road, Bletchingdon, Kidlington, OX5 3DP and Deborah Sijlmans Von Eldik of Cross Cottage, West Street, Seaview, PO34 5ER were directors of the Company on the day it entered insolvent liquidation.
3. We 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 (“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 following prohibited name:
HEALTH 9 LIMITED TRADING AS CRU8
HEALTH 9 LIMITED TRADING AS KETO8
4. We 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 insolvent liquidation may not undertake unless the court gives permission or there is an exception in the Insolvency 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 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. Section 216(3) of the IA 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 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 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.
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, 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 that company.
9. 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 case of the carrying on of the business through another company, being personally liable for that company’s debts.
10. Notice may be given where the persons giving the notice is already a director of a company which proposes to adopt a prohibited name.