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

East LindseyNorth East LincolnshireDN31 2LJ53.56488-0.092013LN11 0YZ53.379256-0.010966Insolvency Act 1986Insolvency Act 1986, s. 216the Insolvency (England and Wales) Rules 2016the Insolvency (England and Wales) Rules 20162023-01-132023-02-07TSO (The Stationery Office), customer.services@thegazette.co.uk427695963963

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

RULE 22.4 OF THE INSOLVENCY RULES 2016

THURLBY MOTORS LIMITED

01560899

Registered office: Registered office: Tattershall Way, Fairfield Industrial Estate, Louth, Lincolnshire, LN11 0YZ

On 13 January 2023, the above-named Company entered into insolvent Liquidation and Mr Matthew Dix of Cartergate House, 26 Chantry Lane, Grimsby, North East Lincolnshire, DN31 2LJ was appointed as Liquidator.

We, Ms Gail Marie Smith and Mr Richard Francis Walsh of Tattershall Way, Fairfield Industrial Estate, Louth, Lincolnshire, United Kingdom, LN11 0YZ are directors of the above-named Company.

We give notice that it is our 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 above-named Company under the entity of Resourcebox Limited (CRN: 05935830) which may use the name or trading style "Thurlby Motors".

We may not otherwise be permitted to undertake these activities without the leave of the Court or the application of an exception created by the Insolvency (England and Wales) Rules 2016 made under the Insolvency Act 1986. Breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.

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 directors to act in these circumstances where the company enters (or has entered) insolvent liquidation without the directors 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 persons giving the notice are already the directors of a company which proposes to adopt a prohibited name.