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

2018-01-232018-02-19Insolvency Act 1986The Borough of Stevenage-0.21171952.578946PE1 5UHInsolvency Act 1986, s. 216The City of Peterborough-0.17763251.882016SG2 8ASTSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211, customer.services@tso.co.uk297304062206

MORATORIA, PROHIBITED NAMES AND OTHER: RE-USE OF A PROHIBITED NAME

RULE 22.4 OF THE INSOLVENCY RULES (ENGLAND & WALES) RULES 2016

NOTICE TO CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME

I-VAPO LIMITED

08503934

Trading Name: Trading name(s): I-Vapo, Phoenix Electrical Cigarettes, EL-Science, Phoenixeliquid, Pheonixeliquid.co.uk, The Mix Lair

Registered office: 1 The Manor Grove Centre, Vicarage Farm Road, Boongate, Peterborough, Cambridgeshire, PE1 5UH

Principal trading address: 1 The Manor Grove Centre, Vicarage Farm Road, Boongate, Peterborough, Cambridgeshire, PE1 5UH

On 23 January 2018, the above-named company entered into administration.

On 23 January 2018, the whole or substantially the whole of the business of the above-named company was acquired from the above-named company under arrangements made before the above-named company entered into insolvent liquidation by an office-holder acting in relation to it as administrator.

I, Andrew Kevin Humphrey of 68 The Willows, Stevenage, SG2 8AS was a director of the above-named company during the 12 months ending with the day before it went into administration.

I hereby give notice that I am acting and intend to continue to act, or alternatively that it is my intention to act, in one or more 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, carrying on the whole or substantially the whole of the business of the above named insolvent company under the following name(s):

I-Vapo Limited, I-Vapo, Phoenix Electrical Cigarettes Limited, Phoenix Electrical Cigarettes, EL-Science, EL-Science Limited, Phoenixeliquid Limited, Phoenixeliquid, Phoenixeliquid.co.uk, Phoenix Vapers Limited, Phoenix Vapers, The Mix Lair Limited, The Mix Lair and any derivatives of any and all of the aforesaid thereof.

Section 216 of the Insolvency Act 1986 would not permit me to do the above unless I had the leave of the court or I was entitled to one of the exceptions under rule 22.4 of the Insolvency (England and Wales) Rules 2016.

A breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.

Rule 22.5 – Statement as to the effect of the notices under rule 22.4(2):

“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.

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.

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 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 person giving the notice is already the director of a company which proposes to adopt a prohibited name.