Insolvency Notices

Company

CARTWRIGHTS COFFEE LTD.

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
27/06/2019
Edition
The London Gazette
Notice ID
3317869
Notice Code
2403

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

This notice is made in accordance with the requirement of:

RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016 AND SECTION 216 OF THE INSOLVENCY ACT 1986

CARTWRIGHT’S COFFEE LTD

09197813

Trading Name: CARTWRIGHT’S COFFEE SHOP

1. On 24 June 2019, Cartwright’s Coffee Ltd (company number 09197813) whose registered address is 65 Talke Road, Alsager, Stoke-On-Trent, Staffordshire, United Kingdom, ST7 2PW (“the Company”) entered liquidation.

2. I, Lauren Jane Cartwright, of 65 Talke Road, Alsager, Stoke-On-Trent, Staffordshire, United Kingdom, ST7 2PW was a director of the Company on the day it entered liquidation.

3. Section 216(3) of the Insolvency Act 1986 restricts when a director of a company in insolvent liquidation may be involved in the management of a company with the same or similar name.

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

Yellow Rose Tea Company Limited t/a Cartwright’s Coffee Shop

5. I would not otherwise be permitted 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, carrying on the whole or substantially the whole of the business of the Company under the prohibited name without leave of the court or the application of an exception created by the Insolvency (England and Wales) Rules 2016.

6. A breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.

7. 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 (England and Wales) Rules 2016. (This includes the exception 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 preceding the entry in liquidation or is so similar 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 that through a company under a name of the kind mentioned in (a) above.

8. 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.

9. 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.

10. Notice may be given where the person giving the notice is already the director of a company which proposes to adopt a prohibited name.