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The three exceptions to the general rule that
a successor phoenix company cannot re-use the original registered
name or trading name is as follows:-
1. Rule 4.228 of the Insolvency Act 1986, states:-
Where a Company (the successor company)
acquires the whole, or substantially the whole, of the business
of an insolvent company, under arrangements made by an insolvency
practitioner acting as its liquidator, administrator or administrative
receiver, or a supervisor of a voluntary arrangement, the
successor company may for the purposes of section 216 give
notices under this Rule to the insolvent company's creditors.
2. Rule 4.229 of the Insolvency Act 1986, states:-
In the circumstances specified below,
a person to whom section 216 applies as having been a director
or shadow director of the liquidating company may act in any
of the ways mentioned in section 216 (3), notwithstanding
that he has not the leave of the court under that section.
Those circumstances are:-
(a) he applies to the court for leave,
not later than 7 days from the date on which the company went
into liquidation, and
(b) leave is granted by the court not
later than 6 weeks from that date.
3. Rule 4.230 of the Insolvency Act 1986, states:-
The court's leave under section 216(3)
is not required where the company there referred to, though
known by a prohibited name within the meaning of the section-
(a) has been known by that name for
the whole of the period of 12 months ending with the day before
the liquidating company went into liquidation, and
(b) has not at any time in those 12
months been dormant within the meaning of section 252(5) if
the companies Act.
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