NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY REGARDING THE RE-USE OF A PROHIBITED NAME
RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016
ROOM 97 THE SPRINGS LTD
12004630Trading Name:
Trading name or styleRoom 97
Registered officeBrook House, Church Lane, Garforth, Leeds LS25 1HB
Principal trading addressThe Springs, Thorpe Park View, Leeds, LS15 8GH
On 3rd June 2024 the above-named company went into insolvent liquidation.
I, Marcello Andrew Moccia of The Birches,162 Blacker Lane, Netherton Wakefield WF4 4EZ, was a director of the above-named company during the 12 months ending with the day before it went into liquidation.
I give notice that it is my intention to act in all or any 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 insolvent company under the following name:
LOCK & MAIN LTD
T/A ROOM 97
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 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 the giving of 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”.
Notes1. This notice must be given to every creditor of the insolvent company whose name and address is known or is ascertainable on the making of such enquiries as are reasonable in the circumstances. 2. This notice must be published in the London Gazette. 3. The notice to creditors and the London Gazette must be given and published no later than 28 days after completion of the acquisition of the whole (or substantially the whole) of the business of the insolvent company under arrangements made by the liquidator or office holder acting as administrator, administrative receiver or supervisor of a CVA.
Recorded in The Gazette, issue 64414, 4 June 2024