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

SheffieldCroydonCR2 6AA51.363335-0.098616S1 3FZ53.377375-1.474568Insolvency Act 1986Insolvency Act 1986, s. 216the Insolvency (England and Wales) Rules 20162023-09-142023-11-23TSO (The Stationery Office), customer.services@thegazette.co.uk449455564239

NOTICE TO CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME

RULE 22.4 OF THE INSOLVENCY RULES 2016

THE KITCHEN SHOPPE LIMITED

02379728

Registered office: 3rd Floor, Westfield House, 60 Charter Row, Sheffield, S1 3FZ

On 14 September 2023, the above-named Company entered into insolvent Liquidation and Philip David Nunney and Joanne Louise Hammond of 3rd Floor, Westfield House, 60 Charter Row, Sheffield, S1 3FZ were appointed as Joint Liquidators.

We, Waqas Iqbal and Imran Aslam of 18-24 Brighton Road, South Croydon, CR2 6AA are the directors of the above-named Company.

We give notice that it is our intention 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 above-named Company under the entity of Kitchen Shop Designs Ltd (CRN: 14886779) which may use the name or trading style "The Kitchen Shoppe" and/or “Kitchen Shoppe”.

We may not otherwise be permitted to undertake these activities without the leave of the Court or the application of an exception created by the Insolvency (England and Wales) Rules 2016 made under the Insolvency Act 1986. 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 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 name.