Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
RULE 22.4 OF THE INSOLVENCY RULES 2016
NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME
LUV FITNESS STUDIOS LIMITED
10610566(In Liquidation)
On 2 July 2024, LUV Fitness Studios Limited whose registered office was situated at Carne House, 16 Parsons Lane, Bury, England, BL9 0JT (the “Company”) was placed into insolvent liquidation. I, Nicholas Phillips of Carne House, 16 Parsons Lane, Bury, England, BL9 0JT was a director of the Company during the 12 months ending with the day it went into liquidation. Pursuant to Rule 22.4 of the Insolvency Rules 2016 I give notice that it is my intention to act in all or any of the ways specified in section 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 company using the following names:
N PHILLIPS TRAINING LTD
I would not otherwise be permitted to undertake those activities without the leave of the court or the application of an exception created by the Rules made under the Insolvency Act 1986.
A breach of the prohibition created by section 216 is a criminal offence.
Notes:
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-
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