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| T O P I C R E V I E W |
| Hinfo |
Posted - 13 May 2009 : 06:42:48
This is from the OR following a question i asked as i am currently BR and gone into partnership as its a cash based business, everythng has been set up and im almost sure its OK to this the 1 detail is a bank account has ONLY been set up in the other PERSONS NAME we certainly are not after any credit nor will take any.Please can some 1 confirm this as OK to do so?
You may earn a living how you see fit. However, it is not the Official Receiver’s place to grant you permission to use a new trading name. I would refer you to the form you singed NTB2 and in particular Section 360 of the Insolvency Act 1986
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| 3 L A T E S T R E P L I E S (Newest First) |
| Melanie.n |
Posted - 13 May 2009 : 14:01:18
Hi there, I have responded to your email sent to me seperately, but just to clarify
If you went bankrupt as 'P Smith trading as AAA windows' you would not be able to trade as 'P Smith trading as BBB windows' following the making of your bankruptcy order, you would only be 'allowed to trade' under your sole name or the name under which you went bankrupt ie 'P Smith trading as AAA Windows'
Hope this clarifies things for you
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
email me at melanienicholas@jonesgiles.co.uk
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| Hinfo |
Posted - 13 May 2009 : 12:49:57
quote:
Originally posted by John
Hi
the bank account in the business partner's name only is ok.
However the exerpt posted from the OR's office refers to your ability to trade under a name other than that which you went bankrupt under. It is a criminal offence to do so and the letter is correct in that it is the courts decision to grant you permission to trade under a different name, not the OR's.
So you can trade in a partnership, you can have the business account in your business partner's name only, but you must trade under the same name as before.
John White
England Jackman & Spacey
I was trading under a name say 4 instance p smith trading as kkk cleaning services but now im a partnership im seeing if i can change it to paul smith trading as fff cleaning services is that allowed?
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| John |
Posted - 13 May 2009 : 11:51:17
Hi
the bank account in the business partner's name only is ok.
However the exerpt posted from the OR's office refers to your ability to trade under a name other than that which you went bankrupt under. It is a criminal offence to do so and the letter is correct in that it is the courts decision to grant you permission to trade under a different name, not the OR's.
So you can trade in a partnership, you can have the business account in your business partner's name only, but you must trade under the same name as before.
John White
England Jackman & Spacey |
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