Insolvency Notices

Company

CIRCULAR MOBILE SOLUTIONS LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
17/12/2019
Edition
The Edinburgh Gazette
Notice ID
3452056
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

CIRCULAR MOBILE SOLUTIONS LIMITED

Company Number: SC556161

Trading Name: Circular Mobile Solutions

Registered office: 23 Birch Road, Broadmeadow Industrial Estate, Dumbarton, Scotland G82 2RE

Principal trading address: 23 Birch Road, Broadmeadow Industrial Estate, Dumbarton, Scotland G82 2RE

The Director of the Company using the Deemed Consent procedure, is in the process of placing the Company in Creditors' Voluntary Liquidation, with the General Meeting of members to be held on and the Decision Date to be on 17 December 2019.

ACCESSORIES DIRECT UK Limited intends to enter into an arrangement with the duly appointed Liquidator of the Company to acquire the whole or substantially the whole of the business and assets of the Company and to carry on the whole, or substantially the whole of the Company's business.

I, Ewan Fraser, director of Accessories Direct UK Limited, of Unit 3 Merchant Evegate Business Park, Ashford, Kent TN25 6SX, was involved in the promotion, formation and management of the Company during the last 12 months.

I hereby 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 purpose of carrying on the whole or substantially the whole of the business of the insolvent Company trading as 'Circular Mobile' and 'Circular Mobile Solutions' and using the name 'Circular Mobile Solutions' as part of the new company's name 'ACCESSORIES DIRECT UK' Limited.

I am aware that without this statement 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 and that a breach of the prohibition created by section 216 is a criminal offence, and I set out my statement under Rule 12.5 of the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 as to the effect of the notice under Rule 12.4(2) of the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 below:

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 12 of the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018). 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 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.

Ewan Fraser

Dated: 13 December 2019