Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
MORATORIA, PROHIBITED NAMES AND OTHER: RE-USE OF A PROHIBITED NAME
RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016
NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME
CONNECT DISTRIBUTION SERVICES LIMITED
03004798(IN ADMINISTRATION)
This notice is made in accordance with the requirements of Rule 22.4 of the Insolvency (England and Wales) Rules 2016 (IR 2016) and Section 216 of the Insolvency Act 1986 (Act). References in this notice to rules and sections are, unless expressly provided otherwise, respectively references to rules of the IR 2016 and to sections of the Act.
1. On 20 March 2023, Connect Distribution Services Limited with company number 03004798 and whose registered office is situated at Suite 3 Regency House, 91 Western Road, Brighton, BN1 2NW (the "Company") entered into administration.
2. I, Mark Stephen Depper of Suite 3 Regency House, 91 Western Road, Brighton, BN1 2NW was a director of the Company on the day it entered administration.
3. I give notice that it is my intention to act in all or any one or more of the ways 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 Company under the following names:
• Connect Distribution;
• Connect; and
• All those set out in the Schedule hereto.
4. I would not otherwise be permitted to act in all or any of the ways 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 Company under the prohibited name without leave of the court or the application of an exception created by the IR 2016.
5. A breach of the prohibition created by Section 216 of the Act is a criminal offence.
Rule 22.5 - Statement as to the effect of the notice under rule 22.4(2)
6. 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.
7. 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.
8. 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.
9. Notice may be given where the person giving the notice is already the director of a company which proposes to adopt a prohibited name.
SCHEDULE
ESPARES
4OURHOME
BUYSPARES
BUYDUSTBAGS
365
HOOVER
BISSELL
4MCCULLOCH
4BAUKNECHT
4TEKA
4JVC
4FLYMO
4SERVIS
GDHA
4MAYTAG
4SONY
4WHITEKNIGHT
4MORPHY RICHARDS
4HOTPOINT
BUYDUSTBAGS
4KUPPERSBUSCH
LEC
4IGNIS
4FAGOR
PARTMASTER
4ARISTON
4BRAUNHOUSEHOLD
AGA SPARES
HOOVER DIRECT
4CREDA
FRIDGEMASTER
BELLING
4DEDIETRICH
HISENSE
4BAUMATIC
GRUNDIG
CANDY
FLYMO OFFICIAL
4CANNON
BLOMBERG
NEW WORLD
BRITANNIA
FLAVEL
4GORENJE
4WHIRLPOOL
4INDESIT
4CAPLE
4BOSCH
STOVES
LEISURE
ROSIERES
4CANDY
4BISSELL
4HOOVER
4LG
4BEKO OFFICIAL
4NEFF
4DELONGHI
4BELLING
4RANGEMASTER
4SAMSUNG
4KENWOOD
4BEKO
BEKO