Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
NOTICE TO CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME
NOTICE UNDER RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016
DS BROTHERS CONTRACTORS LIMITED
06469131Trading Name: DS BROTHERS CONTRACTORS
Registered office: 61a The Fairway, Northolt, Middlesex, England, UB5 4SN
This notice is made in accordance with the requirements of Rule 22.4 of the Insolvency (England and Wales) Rules 2016 (the “IR 2016”) and Section 216 of the Insolvency Act 1986 (the “Act”). References in this notice to rules and sections are, unless expressly provided otherwise, respectively references to rules of the IR 2016 and to sections of the Act.
1. It is noted that DS Brothers Contractors Limited, whose registered office is at 61a The Fairway, Northolt, Middlesex, England, UB5 4SN (the “Company”) is due to enter into Creditors’ Voluntary Liquidation on 18 March 2025.
2. I, Damian Burczyk of 61a The Fairway, Northolt, Middlesex, England, UB5 4SN, was a director of the Company during the 12 months ending with the above-mentioned date.
3. I give notice that it is my intention to act in one or more of the ways specified in section 216(3) of the Insolvency Act 1986 in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business of the Company under the following name:
D-CORE CONSTRUCTION LTD T/A DS BROTHERS CONTRACTORS (Company Number: 16275542)
4. I would not otherwise be permitted to undertake those activities without the leave of the court or the application of an exception created by the IR 2016.
5. A breach of the prohibition created by Section 216 of the Act is a criminal offence.
Rule 22.5 - Statement as to the effect of the notice under rule 22.4(2):
6. Section 216(3) of the Act lists the activities that a director of a company that has gone into insolvent liquidation may not undertake unless the Court gives permission or there is an exception in the IR 2016 under the Act (this includes the exceptions in rule 22 of the IR 2016).
These activities are:
a) acting as a director of another company that is known by a name which is either the same as a name used by the company in insolvent liquidation in the 12 months before it entered liquidation or is so similar as to suggest an association with that company;
b) directly or indirectly being concerned or taking part in the promotion, formation or management of any such company; or
c) directly or indirectly being concerned in the carrying on of a business otherwise than through a company under a name of the kind mentioned in (a) above.
7. This notice is given under rule 22.4 of the IR 2016 where the business of a company which is in, or may go into, insolvent liquidation is, or is to be, carried on otherwise than by the company in liquidation with the involvement of a director of that company and under the same or a similar name to that of the company.
8. The purpose of giving this notice is to permit the director to act in these circumstances where the company enters (or has entered) insolvent liquidation without the director committing a criminal offence and in case of the carrying on of the business through another company, being personally liable for that company’s debts.
9. Notice may be given where the person giving the notice is already a director of a company which proposes to adopt a prohibited name.