Section 216 and Section 217 applications refer to legal procedures under the Insolvency Act 1986.

Section 216 of the Insolvency Act 1986, prohibits directors or former directors of a company which has entered insolvent liquidation, from being involved in another company or business with the same or a similar name (a name the liquidated company was known by for 12 months prior to the liquidation).

Section 217 of the Insolvency Act 1986, provides that a director or former directors in breach of Section 216 of the Insolvency Act 1986 are personally liable for the debts and liabilities of the company operating under a similar name that were incurred during the period the directors or former directors were involved in its management.

Certain applications can be made, such as enabling the director to seek permission to be involved in the new company which is using the same or similar name, or applying to be made party to proceedings against a company in order to make any appropriate representations.

Our solicitors are experts in these applications and can provide you with the legal advice and representation you need to navigate these complex procedures, including advising you on if you need to submit an application and negotiating with creditors on your behalf.

Our expert team will:

  • Analyse whether an S216 or S217 application is necessary- Before applying, we’ll check whether or not one is needed.
  • Prepare and submit S216 and S217 applications- We’ll ensure that we submit a watertight application that allows you to thrive in your new business
  • Represent you in court- If your application is blocked, then we’ll fight your case in court and ensure that you can continue with the operations of your new business

 

Take One Step Forward

If you have been involved in insolvency, then you might feel like your past is holding you back. Submitting a successful S216 or S217 application will help you move away from this past and begin a bright future owning or operating a new company.

Our team have over 40 years of experience dealing with commercial clients. During this time, we have seen all sides of insolvency and dealt with countless S216/S217 applications.

 

Contact the Dispute Resolution Team. 

Please contact Lindsay Dixon at lindsay.dixon@isonharrison.co.uk or Jonathan Robson at jonathan.robson@isonharrison.co.uk.