C2C3C4 PART VWINDING UP OF COMPANIES REGISTERED UNDER F2the Companies Act 2006

Annotations:

C1C4 CHAPTER XMALPRACTICE BEFORE AND DURING LIQUIDATION; PENALISATION OF COMPANIES AND COMPANY OFFICERS; INVESTIGATIONS AND PROSECUTIONS

Annotations:
Modifications etc. (not altering text)
C1

mod. by SR 2004/307

Penalisation of directors and officers

C4Restriction on re‐use of company namesC5C4180

1

This Article applies to a person where a company ( “the liquidating company”) has gone into insolvent liquidation on or after the coming into operation of this Article and he was a director or shadow director of the company at any time within the period of 12 months immediately preceding the day before it went into liquidation.

2

For the purposes of this Article, a name is a prohibited name in relation to such a person if—

a

it is a name by which the liquidating company was known at any time in that period, or

b

it is a name which is so similar to a name falling within sub‐paragraph (a) as to suggest an association with that company.

3

Except with the leave of the High Court or in such circumstances as may be prescribed, a person to whom this Article applies shall not at any time within 5 years from the day on which the liquidating company went into liquidation—

a

be a director of any other company that is known by a prohibited name, or

b

in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of any such company, or

c

in any way, whether directly or indirectly, be concerned or take part in the carrying on of a business carried on (otherwise than by a company) under a prohibited name.

4

If a person contravenes this Article he shall be guilty of an offence.

5

On an application for leave under paragraph (3), the Department or the official receiver may appear and call the attention of the High Court to any matters which seem to be relevant.

6

References in this Article, in relation to any time, to a name by which a company is known are to the name of the company at that time or to any name under which the company carries on business at that time.

7

For the purposes of this Article a company goes into insolvent liquidation if it goes into liquidation at a time when its assets are insufficient for the payment of its debts and other liabilities and the expenses of the winding up.

F18

In this Article “company” includes a company which may be wound up under Part 6 (unregistered companies).