Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
RULE 12.4 OF THE INSOLVENCY (SCOTLAND) (RECEIVERSHIP AND WINDING UP) RULES 2018.
NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE REUSE OF A PROHIBITED NAME
YA BASTA LIMITED
Company Number: SC542450
Registered office: 2/1, 123 Medwyn Street, Glasgow, G14 9QJ
Principal trading address: Trading Address: 561 Dumbarton Road, Glasgow, G11 6HU
Trading Name: Basta Pizza
On 20 March 2023 the above-named company went into insolvent liquidation
I, John Innes Clark of 2/1, 123 Medwyn Street, Glasgow, G14 9QJ was a director of the above-named company during the 12 months ending on the day before it entered Liquidation.
I give notice that it is my 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 insolvent company under the following names:
Ya Basta
Basta Pizza
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 Insolvency (Scotland) (Receivership and Winding up) Rules 2018 “the Rules”. (This includes Rule 12.4 of the Insolvency (Scotland) (Receivership and Winding up) Rules 2018. These 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 12.4 of the Rules 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.
