Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME
RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016
IN-TIME WATCH SERVICES LIMITED
01546183(IN ADMINISTRATION) (Company)
Previous Name of Company: HIRSCH and HIRSCH THE BRACELET
Registered office: 27-29 Hoghton Street, Southport, Merseyside, England, PR9 0NS
On 5 January 2023 the above-named Company entered administration. HIRSCH THE BRACELET UK LIMITED (registered in England and Wales with company number 14572022) purchased the business and certain assets from the Company on 10 January 2023.
I, Robert Paul Hirsch of Hirschstrasse 5, 9020 Klagenfurt am Wörthersee, Austria, was a director of the Company on the day it entered administration.
We:
Nikolaus Stefan Hirsch of Hirschstrasse 5, 9020 Klagenfurt am Wörthersee, Austria; and
Ulrike Isemann of Hirschstrasse 5, 9020 Klagenfurt am Wörthersee, Austria,
were involved in the management of and/or influenced the Company on the day it entered administration.
We give notice that we are acting and intend to continue to act in one or more of the ways to which Section 216(3) of the Insolvency Act 1986 would apply if the Company were to go into insolvent liquidation, in connection with, or for the purposes of, the carrying on the whole or substantially the whole of the business of the Company under the following names:
“Hirsch” and “Hirsch the Bracelet”.
We would otherwise not be permitted to undertake those activities without leave of the Court or the application of an exception created by Rules under the Insolvency Act 1986 and a breach of the prohibition created by Section 216 is a criminal offence.
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 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 may be given where the persons giving the notice are already the directors of a company which proposes to adopt a prohibited
