Insolvency Notices

Company

NEEDLESMART LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
31/10/2022
Edition
The London Gazette
Notice ID
4196529
Notice Code
2403

NOTICE TO CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME NOTICE UNDER RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016

NEEDLESMART LIMITED

09757670

Trading Name: NEEDLESMART LIMITED

Registered office: Suite 2b, Stanley Grange, Ormskirk Road, Knowsley, Prescot, L34 4AT

This notice is made in accordance with the requirements of Rule 22.4 of the insolvency (England and Wales) Rules 2016 (the “IR 2016”) 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 the IR 2016 and to sections of the Act.

1. It is noted that Needlesmart Limited, whose registered office is at Suite 2b, Stanley Grange, Ormskirk Road, Knowsley, Prescot, L34 4AT (the “Company”), entered into administration on 26 October 2022 (the “Administration Date”).

2. On the Administration Date, the business and assets of the Company were sold to NSmart Trading Limited (company number: 13977814) whose registered address is at Stone Court, Ingestre Road, Prenton, CH43 5UY (“NSmart”).

3. I, Clifford Ian Kirby of 3 Old Rectory Green, Sefton Village, Liverpool, L2 6YD, am a former director of the Company and 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) of the Insolvency Act 1986 would apply if the above-named 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 above-named Company under the following name: NEEDLESMART

4. I 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 name without leave of the Court or the application of an exception created by the IR 2016.

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

Rule 22.5 - Statement as to the effect of the notice under rule 22.4(2):

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 IR 2016 under the Act (this includes the exceptions in rule 22 of the IR 2016).

These activities are:

g) 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;

h) directly or indirectly being concerned or taking part in the promotion, formation or management of any such company; or

i) 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. This notice is given under rule 22.4 of the IR 2016 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 the company.

8. 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 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.

9. Notice may be given where the persons giving the notice are already directors of a company which proposes to adopt a prohibited name.