Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name

HackneyE2 7PR51.527580-0.077205E9 7SN51.538890-0.055212Insolvency Act 1986Insolvency Act 1986, s. 2162019-06-17TSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211, customer.services@tso.co.uk330618062685

NOTICE TO CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME

MINIMALUX LIMITED

06774025

(Proposed Liquidation)

This notice is made in accordance with the requirements of Rule 22.4 of the Insolvency (England and Wales) Rules 2016 (IR 2016) and Section 216 of the Insolvency Act 1986 (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. On 17 June 2019 Minimalux Limited, whose registered office is situated at 1 Printing House Yard, Hackney Road, London, E2 7PR (the “Company”), is proposing to enter into insolvent liquidation.

2. I, Mark Holmes of Flat 18, 47-49 Tudor Road, London, E9 7SN will be a director of the Company on the day it enters insolvent liquidation.

3. I give notice that I intend to act in all or any of the ways specified in section 216(3) of the Act in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business of the above-named company under the following name:

Other Luxury Limited (t/a Minimalux)

4. I would not otherwise be permitted to act in all or any of the ways specified in section 216(3) of the Act 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 prohibited name without 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.

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 (this includes the exceptions in Part 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 that company.

8. The purpose of giving this notice is to permit the directors to act in these circumstances where the company enters (or has entered) insolvent liquidation without the directors 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.

Notice may be given where the persons giving the notice are already directors of a company which proposes to adopt a prohibited name.