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

South StaffordshireWV9 5AZ52.656475-2.137837Insolvency Act 1986Insolvency Act 1986, s. 216the Insolvency (England and Wales) Rules 20162021-03-192021-03-25TSO (The Stationery Office), customer.services@thegazette.co.uk377120263305

RULE 22.4 OF THE INSOLVENCY RULES 2016

NOTICE TO THE CREDITORS OF THE RE-USE OF A PROHIBITED NAME

BROOKLANDS PAVING SYSTEMS LIMITED

09458021

Registered office: 1 The Bungalow Brookside Park, Lawn Lane, Coven, West Midlands, England, WV9 5AZ

On 19 March 2021 Brooklands Paving Systems Limited entered into creditors’ voluntary liquidation.

I, DARREN PRICE of 1 The Bungalow Brookside Park, Lawn Lane, Coven, West Midlands, England, WV9 5AZ was a director of the insolvent company during the 12 months ending with the date that it entered into creditors’ voluntary liquidation.

Accordingly I give notice that it is my intention to act in all or any of the ways specified in section 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 by being appointed as a director of BROOKLANDS DRIVES AND PATIOS LIMITED (company no. 13241286) whose registered office is at 1 The Bungalow Brookside Park, Lawn Lane, Coven, West Midlands, England, WV9 5AZ. This company will carry on the insolvent company’s business under the names BROOKLANDS and BROOKLANDS DRIVES AND PATIOS and these names would be prohibited names within the meaning of section 216(2) of the Insolvency Act 1986.

I would not otherwise be permitted to undertake these activities without the leave of the Court, or the application of an exception created by Rules made under the Insolvency Act 1986.

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

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.