Insolvency Notices

Company

CARPET SMART LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
12/05/2020
Edition
The London Gazette
Notice ID
3561825
Notice Code
2403

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

22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016

CARPET SMART LIMITED

04946189

Trading Name: Carpet Smart

Registered office: 257B Croydon Road, Beckenham BR3 3PS

Principal trading address: 76/80 Bellegrove Road, Welling, Kent DA16 3QB

On 23 April 2020 the above named company went into insolvent liquidation.

I, GRAHAM TOLLEY, of Carpet Smart Limited, 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 one or more of the ways specified in section 216(3) of the Insolvency Act 1986 in connection with or for the purposes of carrying on of the whole or substantially the whole of the business of the insolvent company under the following name Flooring Central Limited trading as "Carpet Smart".

I would not otherwise be permitted to undertake these activities without the leave of the court or the application of an exception created by Rules made under the Insolvency Act 1986.

Breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.

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 period of 12 months ending on the day 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 in pursuance of 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 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 using this form may be given where the director giving the notice is /are already the director of a company which proposes to adopt a prohibited name.