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
GRAPHICAL HOUSE LIMITED
Company Number: SC364296
On 4 July 2023 the above-named company went into insolvent liquidation.
I, Tony Dunworth, Gabriel Durnan, Daniel Ibbotson of c/o 1 Auchingramont Road, Hamilton, ML3 6JP were directors 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 name:
Graphical House
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.
