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

CamdenGuildfordBasingstoke and DeaneGU10 1DW51.230767-0.735399RG25 2NP51.240122-1.096873WC1V 6RL51.518366-0.115084Insolvency Act 1986THE INSOLVENCY (ENGLAND AND WALES) RULES 2016the Insolvency (England and Wales) Rules 20162021-09-222021-12-20TSO (The Stationery Office), customer.services@thegazette.co.uk395440563563

This notice is in substitution for that appeared in the Gazette notice id 3956371 https://www.thegazette.co.uk/notice/3953671

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

DIGI.ME LIMITED

06861219

Trading Name: Digi.me, Social Safe, SocialSafe, Consentry, Digital Me and Internet of Me

Registered office: C/O Quantuma Advisory Limited High Holborn House 52-54, High Holborn, London, WC1V 6RL

Principal trading address: The Old Coach House, Grange Court, Grange Road, Tongham, Farnham, Surrey GU10 1DW

On 22 September 2021 the aforementioned company (the “Insolvent Company”) entered into administration (the “Administration Date”).

On the Administration Date, I, Julian Ranger of The Laurels, 4 Chapel Court, Cliddesden, Hants RG25 2NP (the “Director”), was a director of the Insolvent Company.

I give notice that I intend to act or continue to act in all or any of the ways specified in section 216(3) of the Insolvency Act 1986, in the event that the Insolvent Company is placed 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 Insolvent Company under the following names: DIGI.ME LIMITED, DIGI.ME, SOCIAL SAFE, SOCIALSAFE, CONSENTRY, DIGITAL ME, INTERNET OF ME and any derivations thereof.

I would not otherwise be permitted to undertake, or act in, all or any of the activities 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 names without leave of the Court or the application of an exception created by the Insolvency (England and Wales) Rules 2016 (“IR 2016”) made under the Insolvency Act 1986.

A contravention of the prohibition created by section 216 of the Act is, per se, a criminal offence, but a relevant person may avail him or herself of one of the excepted cases pursuant to rule 22 of IR 2016.

Rule 22.5 - Statement as to the effect of the notice 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.