ORDER under the Companies Act 2006

In the matter of application

No. 1569 by Optronics Limited and FibreFab Limited

For a change of company name of registration

No. 10812053

DECISION

The company name Optronics Plus Limited has been registered since 9 June 2017 under number 10812053.

By an application filed on 27 September 2017, Optronics Limited and FibreFab Limited jointly applied for a change of name of this registration under the provisions of section 69(1) of the Companies Act 2006 (the Act).

A copy of this application was sent to the primary respondent’s registered office on 10 November 2017, in accordance with rule 3(2) of the Company Names Adjudicator Rules 2008. The copy of the application was sent by Royal Mail special delivery. 

On 21 February 2018, the Tribunal wrote to Styliani Ektoros to inform her that the applicant had requested that she be joined to the proceedings.  No comments were received from Ms Ektoros in relation to this request and so she was joined to the proceedings.  Also on 21 February 2018 the respondents were advised that no defence had been received to the application and so the adjudicator may treat the application as not being opposed.  The parties were granted a period of 14 days to request a hearing in relation to this matter, if they so wished.  No request for a hearing was made.

The primary respondent did not file a defence within the one month period specified by the adjudicator under rule 3(3).  Rule 3(4) states

“The primary respondent, before the end of that period, shall file a counter-statement on the appropriate form, otherwise the adjudicator may treat it as not opposing the application and may make an order under section 73(1).”

Under the provisions of this rule, the adjudicator may exercise discretion so as to treat the respondent as opposing the application.  In this case I can see no reason to exercise such discretion and, therefore, decline to do so.

As the primary respondent has not responded to the allegations made, it is treated as not opposing the application.  Therefore, in accordance with section 73(1) of the Act I make the following order:

(a)	Optronics Plus Limited shall change its name within one month of the date of this order to one that is not an offending name; 

	(b)	Optronics Plus Limited and Styliani Ektoros shall:

(i)  take such steps as are within their power to make, or facilitate the making, of that change;

(ii)  not cause or permit any steps to be taken calculated to result in another company being registered with a name that is an offending name.

In accordance with section 73(3) of the Act, this order may be enforced in the same way as an order of the High Court or, in Scotland, the Court of Session.

In any event, if no such change is made within one month of the date of these orders, I will determine a new company name as per section 73(4) of the Act and will give notice of that change under section 73(5) of the Act.

All respondents, including individual co-respondents, have a legal duty under section 73(1)(b)(ii) of the Companies Act 2006 not to cause or permit any steps to be taken calculated to result in another company being registered with an offending name; this includes the current company.  Non-compliance may result in an action being brought for contempt of court and may result in a custodial sentence. 

Optronics Limited and FibreFab Limited, having been successful, are entitled to a contribution towards its costs.  I order Optronics Plus Limited and Styliani Ektoros, being jointly liable, to pay Optronics Limited and FibreFab Limited costs on the following basis:

Fee for application:	£400

Statement of case:	£400

Total:	£800

This sum is to be paid within seven days of the expiry of the appeal period or within seven days of the final determination of this case if any appeal against this decision is unsuccessful.

Any notice of appeal against this decision to order a change of name must be given within one month of the date of this order.  Appeal is to the High Court in England, Wales and Northern Ireland and to the Court of Session in Scotland. 
The company adjudicator must be advised if an appeal is lodged, so that implementation of the order is suspended.
  
Dated this 22^nd day of May 2018

Mark King
Company Names Adjudicator