Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
NOTICE TO THE CREDITORS OF AN INSOLVENT LIMITED COMPANY OF THE RE-USE OF A PROHIBITED NAME –
RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016
STORE FIRST LIMITED
07463355STORE FIRST BLACKBURN LIMITED
07951785STORE FIRST ST HELENS LIMITED
09664578SFM SERVICES LIMITED
07160642
Registered office: Group First House, Mead Way, Padiham, Lancs, BB12 7NG
On 30 April 2019 the above-named Companies (Companies) went into liquidation. I, Toby Whittaker of Group First House, Mead Way, Padiham, Lancs, BB12 7NG was a director of the above-named Companies on the day they went into liquidation and during the 12 months ending with the date before it went into liquidation. References in this Notice to IA86 are references to the Insolvency Act 1986.
References in this Notice to IR2016 are references to the Insolvency Rules (England and Wales) Rules 2016.
I give notice that it is my intention to act in one or more of the ways specified in section 216(3) of IA86 in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business of the insolvent Companies under following the names and trading styles by which the Companies have been known or under which the Companies have traded:
Store First
Without the issue of this notice, I would not otherwise be able to undertake these activities without the leave of the court or the application of an exception created by the Rules made under IA 1986. Breach of the prohibition created by Section 216 IA 1986 is a criminal offence.
Section 216(3) of IA86 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 IR2016 (this includes the exceptions in Part 22 of IR2016.) 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.
This notice is given under rule 22.4 of IR2016 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.
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 the case of the carrying on of the business through another company being personally liable for that company’s debts.
Notice may be give where the person giving the notice is already the director of a company which proposes to adopt a prohibited name.