Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
This notice is in substitution for that which appeared in The Gazette. Notice ID Number 3613404 - https://www.thegazette.co.uk/notice/3613404
NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY REGARDING THE USE OF A PROHIBITED NAME
PURSUANT TO RULE 22.4(2) OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016
AZZURRI GROUP LIMITED
09115901(THE "COMPANY")
Registered office: 3rd Floor Capital House, 25 Chapel Street, London, England, NW1 5DH
Please take note that on 17th July 2020, the directors of certain affiliates of the Company (namely Azzurri Restaurants Limited (02792998), Azzurri Central Limited (03084650), Azzurri Trading Limited (09317988), Azzurri Orca Limited (12062044) and CDM Trading Limited (07264480) (together, the “Affiliates”)) filed for administration and appointed William James Wright, Stephen John Absolom and Christopher Pole (the “Administrators”) of KPMG LLP, 15 Canada Square, London,E14 5GL as joint administrators.
On 17 July 2020, the Administrators sold substantially the whole of the Affiliates’ business and assets to De Facto 2246 Limited (10406599), De Facto 2247 Limited (10404211), De Facto 2248 Limited (10404185), De Facto 2250 Limited (12226594), De Facto 2251 Limited (12457130) and Ask & Zizzi Restaurants Limited (12525366) whose registered office is at 3rd Floor Capital House, 25 Chapel Street, London, England, NW1 5DH (the “Buyers”).
We, Lindsay Dunsmuir, Kieran Pitcher, Harvey Smyth and Stephen Holmes, of 3rd Floor Capital House, 25 Chapel Street, London, England, NW1 5DH, were directors of the Company at the time the Affiliates entered administration.
We hereby give notice that as directors or concerned persons of the relevant Buyers, we are acting and intend to continue to act in all or any of the ways specified in section 216(3) of the Insolvency Act 1986 if the Company were to go into insolvent liquidation in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business associated with the following names used by the Company (as well as certain of the Affiliates):
ASK Italian
Ask Restaurants Limited
Ask & Zizzi Restaurants Limited
Azzurri
Azzurri Central Limited
Coco di Mama
Coco di Mama Limited
POD
POD Limited
Zizzi
Zizzi Restaurants Limited
If this notice had not been published, we would not otherwise be permitted to undertake such activities without the leave of the Court or the application of an exception created by the Insolvency (England and Wales) Rules 2016 or the Insolvency Act 1986.
A breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.
NOTICE
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 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 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.