Insolvency Notices

Company

TRICORN UK LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
22/10/2021
Edition
The London Gazette
Notice ID
3912831
Notice Code
2403

NOTICE TO CREDITORS OF THE RE-USE OF A PROHIBITED NAME UNDER RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016

TRICORN UK LIMITED

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Trading Name: Malvern Tubular Components and Maxpower Automotive

(in administration) (the Company)

Registered office: Suite 3 Regency House 91 Western Road, Brighton, BN1 2NW

Principal trading address: The Company principally traded from Spring Lane Malvern Link Malvern Worcester WR14 1DA. It also carried on business under the names “Malvern Tubular Components” and “Maxpower Automotive”.

On 27 September 2021 the Company entered into administration.

We, Michael John Stock, David Edward Leakey and Amanda Louise Larnder of Spring Lane, Malvern Link, Malvern, Worcester, WR14 1DA, were each directors of the Company on the date it entered into administration.

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.

This is notice that we are acting and intend to continue 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 purpose of, the carrying on of the whole or substantially whole of the business of the Company under the names Maxpower Automotive Limited and Malvern Tubular Components Limited.

Without this Notice, we would not otherwise be permitted to undertake these activities without the leave of the court or the application of an exception created by Rules made under the Insolvency Act 1986.

The breach of the prohibition created by section 216 of the Insolvency Act is a criminal offence.