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Rule 4.230 Third excepted caseI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)

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) of the Companies Act.

Annotations

Commencement

I1

Rule 4.230 in force at 29.12.1986, see rule 0.1