Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
RULES 22.4 AND 22.5 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016. NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME
KAYA STORE LIMITED
07775626Registered office: 4 Cyrus Way Cygnet Park, Hampton, Peterborough, PE7 8HP; Former Registered Office: 85/89 Alfreton Road Nottingham NG7 3JL
Principal trading address: Former trading address: 85/89 Alfreton Road Nottingham NG7 3JL
Insolvency type: Compulsory Liquidation (Winding Up by the Court)
Date of Liquidation: 12/02/2002
I Musa Saridas living at 150 Browns Lane Stanton on the Wolds Keyworth Nottingham NG12 5BN was a director of the above-named company during the 12 months ending with the day before it went into liquidation.
I give notice that it is my intent to act in one or more of the ways specified in section 216(3) of the Insolvency Act 1986 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 name: Fat Chicks Ltd Trading as Kaya Food Centre.
I am a person who would not otherwise be permitted to undertake such activities without the leave of the court or the application of an exception created by the Rules made under the Insolvency Act 1986.
Breach of the prohibition created by Section 216 is a criminal offence.
Rule 22.5 requires the following is stated in this notice, as to the effect of this notice, namely:-
“Section 216(3) of the Insolvency Act 1986, which is referred to above, lists the activities that a director of a company that has gone into insolvent liquidation may not undertake without the court giving leave or the application of an exception created under Rules made under the Insolvency Act 1986. (This includes Rules 22.4 and 22.5 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 period of 12 months ending on the day 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 in pursuance of 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 the giving of 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 the case of the carrying on of the business through another company, being personally liable for that company’s debts.
Notice using this form may be given where the director giving the notice is /are already the director of a company which proposes to adopt a prohibited name.”
Musa Saridas
Dated 24/04/2020