Insolvency Notices


Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
17/10/2018
Edition
The London Gazette
Notice ID
3133872
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

KAZIMIER PRODUCTIONS C.I.C

09285050

Trading Name: The Kazimier, Kazimier Garden and Kazimier Productions

Registered office: 25 Invisible Wind Factory, Carlton Street, Liverpool, England L3 7ED

Principal trading address: 25 Invisible Wind Factory, Carlton Street, Liverpool, England L3 7ED and The Kazimier, 32 Seal Street, Liverpool, England L1 4BE

On 21 September 2018 the company entered administration. We, Laurence Crombie, Liam Naughton, Michael Lill, Veniamin Krutikov and Samuel Crombie of c/o 25 Invisible Wind Factory, Carlton Street, Liverpool, England L3 7ED were directors of the above-named company on the day it entered administration.

We give notice that we are acting and 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.

t/a The Kazimier; and t/a Kazimier Garden; and t/a Kazimier Productions.

We would not otherwise be permitted to undertake those 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.

Section 216(3) of the Insolvency Act 1986 lists the activities that the directors 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 directors 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 directors 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 directors 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 people giving the notice are already the directors of a company which proposes to adopt a prohibited name.