Insolvency Notices


Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
26/03/2020
Edition
The London Gazette
Notice ID
3541048
Notice Code
2403

RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016

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

BBLANCS 2020 LTD

04007291

Previous Name of Company: Burgess Beds Limited

Trading Name: Burgess; Burgess Beds; Burgess Beds Limited

Registered office: c/o Horsfields Belgrave Place, 8 Manchester Road, Bury, BL9 0ED

Principal trading address: Knowsley Park Way, Knowsley Road Industrial Estate, Haslingden, Lancashire, BB4 4RS

On 3 March 2020, the above named company (the “Company”) went into administration.

I, MATTHEW JAMES DWYER, of C/O The Burgess Bedding Company Limited, 3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT was not at any time appointed as a statutory director of the Company, but held the title of managing director and may have been a director of the Company on the day it entered administration.

I give notice that I am acting and I intend to continue to act in one or more of the ways to which section 216(3) of the Insolvency Act 1986 would apply if the above named Company were to go into insolvent liquidation, in connection with or for the purposes of carrying on of the whole or substantially the whole of the business of the above-named company under the following name:

The Burgess Bedding Company Limited.

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 insolvency company that is known by a name which is either the same as a name used by the insolvent company in the 12 months before it entered into 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, 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 name or a similar name to that of the company.

The purpose of giving this notice is to permit the director to act in these circumstances where the company enters (or has entered) into 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.