Reply to post: The Viscount may yet have to "Andover" the cash

Data-breached Guntrader website calls in liquidators, is reborn as Guntrader 2 Ltd

Howard Sway Silver badge

The Viscount may yet have to "Andover" the cash

Section 216 of the Insolvency Act 1986 dictates that directors of a company in the 12 months before its liquidation, cannot act as the director of a new company with the same or a similar name for five years.

There are a few exceptions, but I don't see these applying if you just start up again the next day with almost the same name and director. This case will probably end up being tested in court I would imagine. As regards the similar names :

"The ‘prohibited name’ restrictions include any name the liquidated company has been known by at any time in the 12 months immediately before the liquidation. This might be the official company name registered at Companies House, a trading name, or any name that’s similar enough to the registered or trading name to suggest an association with the liquidated company. The objective test for whether a name is too ‘similar’ is if a reasonable man on the street would believe the liquidated company and the new company are in any way connected based on their names alone."

POST COMMENT House rules

Not a member of The Register? Create a new account here.

  • Enter your comment

  • Add an icon

Anonymous cowards cannot choose their icon