Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name

City of WestminsterW9 2JP51.523784-0.186664W9 2NP51.526948-0.192954Insolvency Act 1986Insolvency Act 1986, s. 216THE INSOLVENCY (ENGLAND AND WALES) RULES 2016the Insolvency (England and Wales) Rules 20162024-04-222024-05-09TSO (The Stationery Office), customer.services@thegazette.co.uk462032664391

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

DEBUSSY PROPERTY SERVICES LIMITED

09290699

Trading Name: Trading name: BRAITHWAIT

Insolvent Company

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 22 April 2024, DEBUSSY PROPERTY SERVICES LIMITED, whose registered office is situated at 44 Formosa Street, London, England, W9 2JP (the “Insolvent Company”), entered insolvent liquidation.

2. I, Catherine Juliet Braithwaite of Flat 1, 105 Elgin Avenue, London, W9 2NP, was a director of the Insolvent Company at all times during the period of 12 months ending with the date on which it entered insolvent liquidation.

3. I give notice that it is my 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:

FORMOSA ESTATE AGENTS LIMITED t/as BRAITHWAIT (Company No. 15576740)

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 Insolvent Company under the prohibited name 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 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 22 of the Insolvency (England and Wales) Rules 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.

7. 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.

8. 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 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.