Insolvency Notices

Company

PK REALISATIONS LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
12/09/2019
Edition
The London Gazette
Notice ID
3383918
Notice Code
2403

NOTICE UNDER RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016

This notice is made in accordance with the requirements of Rule 22.4 of the Insolvency (England and Wales) Rules 2016 (“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.

PK EDUCATION LIMITED

05953920

Registered office: St James House, Vicar Lane, Sheffield, S1 2EX

1. On 30 August 2019, PK Education Limited (company number 05953920) whose registered address is St James House, Vicar Lane, Sheffield, S1 2EX entered administration (the “Company”).

2. On the same date, the business and assets of the Company were sold to Einstein Recruitment Limited (company number: 11955063) whose registered address is St James House, Vicar Lane, Sheffield, S1 2EX (“Einstein”).

3. I, Paul Robert Gallagher, of 53 Foxbrook Drive, Chesterfield, S40 3JR, was a director of the Company on the day it entered administration. I was also a director of the Company during the 12 months before the day it entered administration.

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

5. Notice is hereby given that I am acting and intend to continue to act in one or more of the ways specified in Section 216(3) of the Act 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:

PK EDUCATION LIMITED

6. 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.

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

8. 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 of the IR 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 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.

9. 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 that company.

10. 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 case of the carrying on of the business through another company, being personally liable for that company’s debts.

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