SIMONS ESTATES LIMITED

SIMONS GROUP LIMITED

SIMONS CONSTRUCTION LIMITED

SIMONS DESIGN LIMITED

SIMONS DEVELOPMENTS LIMITED

On 29TH October 2019, Simons Estates Limited went into creditors voluntary liquidation and the other above-named companies entered Administration.

We, Paul Richard Hodgkinson and Philip David Hodgkinson, of 5 Windmill Street, London W1T 2JA, were directors of the above-named companies during the 12 months ending with the day before the companies entered administration or went into liquidation.

Pursuant to rule 22.4 of The Insolvency Rules 2016, we give notice that it is our intention to act in one or more ways specified in Legislation 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 insolvent companies under the following name

Simons Development Limited or a name containing such words.

We would not otherwise be permitted to undertake those activities without the leave of the Court or application of an exception created by the Rules made under the Insolvency Act 1986.

Breach of the prohibition created by S.216 under the Insolvency Act 1986 is a criminal offence.

Rule 22.5 – Statement as to the effect of the notice under Rule 22.4(2):

Section 216(3) of the Insolvency Act 1986 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 Insolvency Rules made under the Insolvency Act 1986. (This includes the exceptions in Part 22 of the Insolvency (England and Wales) Rules 2016.) These activities are-

(a) Acting as a director of another company that is known by a name which is either the same as the 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 the name of the kind mentioned in (a) above.

This notice is under Rule 22.4 of the Insolvency (England and Wales) Rules 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.

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 given where the person giving the notice is already the director of a company which proposes to adopt a prohibited name.