Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
RULE 4.80 OF THE INSOLVENCY (SCOTLAND) RULES 1986
NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME
THE SCOTSMAN PUBLICATIONS LIMITED
(In Administration)
Company Number: SC020911
SECTION A - COMPANY IN ADMINISTRATION, RECEIVER APPOINTED, OR COMPANY SUBJECT TO VOLUNTARY ARRANGEMENT
On 17 November 2018 the above-named company entered administration.
I, David John King of 2 Cavendish Square, London W1G 0PU was a director of the above-named company on the day it entered administration.
I give notice that I am 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 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:
Evening News; JPIMedia; Scotland on Sunday; The Scotsman
Section 216(3) of the Insolvency act 1986, which is referred to above, lists the activities that a director of a company that has gone into insolvent liquidation may not undertake without the court giving leave or the application of an exception created under Rules made under the Insolvency Act 1986 (This includes Rule 4.80 of the Insolvency (Scotland Rules 1986) 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 period of 12 months ending on the day 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 4.80 of the Insolvency (Scotland) Rules 1986 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 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 using this form may be given where the director giving the notice is already the director of a company which proposes to adopt a prohibited name.