Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY REGARDING THE RE-USE OF A PROHIBITED NAME - R22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016
BOOM SPIN LTD
07221639Trading Name: Boom Cycle
Registered office: C/O Interpath Ltd, 10 Fleet Place, London, EC4M 7RB
Principal trading address: 115 Baker Street, 4th Floor United Fitness Brands, London, W1U 6RT
Date of Administration: 5 February 2024
Richard North and Bernard Van Zyl, both of 115 Baker Street, London, W1U 6RT, were involved in the management of the above-named company on the day it entered administration.
Hilary Lynn Rowland, of 115 Baker Street, London, W1U 6RT, was a director of the above-named company on the day it entered administration.
We give notice that Richard North and Bernard Van Zyl are acting and intend to continue to act, and Hilary Lynn Rowland intends to act, in all or any of the ways specified in section 216(3) of the Insolvency Act 1986 if the above-named company were to go 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 above-named company under the following name:
Boom Cycle
Section 216 of the Insolvency Act 1986 would not permit us to do this unless we had the leave of the court or we were entitled to one of the exceptions created by Rules made under the Insolvency Act 1986.
Breach of the prohibition created by Section 216 of the Insolvency Act 1986 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 the 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.”
Richard North, Bernard Van Zyl and Hilary Lynn Rowland
23 February 2024
