Insolvency Notices

Company

CLOTHES AID (SERVICES) LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
11/08/2022
Edition
The London Gazette
Notice ID
4138237
Notice Code
2403

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

CLOTHES AID (SERVICES) LIMITED

06381220

Previous Name of Company: (formerly Zenabay Limited)

This notice is made in accordance with the requirements of rule 22.4 of the Insolvency (England and Wales) Rules 2016 (“IR16”) and Section 216 of the Insolvency Act 1986 (the “Act”). References in this notice to rules and sections are, unless expressly provided otherwise, respectively references to rules of IR16 and to sections of the Act.

1. On 5 August 2022, Clothes Aid (Services) Limited, whose registered office is situated at C/O Stephenson & Co Ground Floor, Austin House 43 Poole Road, Westbourne Bournemouth, Dorset, BH4 9DN (the “Company”) ceased trading and it is intended to place the company into insolvent liquidation.

2. I, Laurence Patrick Hollande of 759 Rue Michel Carquillat, 74130 Glieres Val de Borne, France, was a director of the Insolvent Company on the day it ceased trading and will remain a director when it enters liquidation. Mr Mohamed Yunis Khan of 133 Maysbrook Road, Ilford, IG3 3PJ and Steven Lee Jenkinson of 24 Blythe Road, Lightfoot Green, Preston, PR4 0FE, were involved in the management of the Insolvent Company as at the date it ceased trading and when it enters liquidation in such a capacity as may be regarded as tantamount to that of a director.

3. We give notice that it is our intention to act in all or any of the ways specified in section 216(3) of the Act 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 prohibited names:

JMS (EXPORT SALES) LIMITED trading as CLOTHES AID (formerly JMS (EXPERT SALES) LIMITED) (Company Number 06554280)

CLOTHES AID ENTERPRISES LIMITED (Company Number 07106152)

4. We would not otherwise be permitted to act in all or any of the ways specified in section 216(3) of the Act 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 prohibited names without leave of the court or the application of an exception created by IR16.

5. A breach of the prohibition created by section 216 of the Act is a criminal offence.

6. Section 216(3) of the Act 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 under the Act (This includes the exceptions in Part 22 IR16). 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.

7. Section 216(3) of the IA 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 IR 2016 (This includes the exceptions in Part 22 IR16). 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.

8. This notice is given under rule 22.4 IR16 where the business of a company which is in, or may go into, insolvency 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 persons named in point 2. above, including the director of the Insolvent Company, to act in these circumstances where the company enters (or has entered) insolvent liquidation without the directors committing a criminal offence and in 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 persons giving the notice are already directors of a company which proposes to adopt a prohibited name.