Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
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
BARBER SCHOOL LIMITED
Company Number: SC399921
On 21 January 2019 the above-named company was placed into Liquidation.
We, Thomas McGovern and Hazel Marley of 31 Oswald Street, Glasgow, G1 4PE were directors of the above company during the 12 months. We give notice that it is our intention to act in one or more of the ways specified 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 insolvent company under the following name:
Men International
Scottish Barbering School
UConcept Graduate Salon
NOTES:
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.