Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name

FifeCity of EdinburghEH12 5HD55.945754-3.221459KY2 5XY56.106767-3.199912Insolvency Act 1986Insolvency Act 1986, s. 2162024-03-112024-03-212024-03-22TSO (The Stationery Office), customer.services@thegazette.co.uk458464328940

THE BUFFALO FARM LIMITED

Company Number: SC277293

Registered office: C/o FRP Advisory Trading Limited, Apex 3, 95 Haymarket Terrace, Edinburgh, EH12 5HD

Principal trading address: Boglily Farm Steading, Boglily Road, Kirkcaldy, Fife, KY2 5XY

NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME - RULE 12.4 OF THE INSOLVENCY (SCOTLAND) (RECEIVERSHIP & WINDING UP) RULES 2018

On 11 March 2024 the above named Company went into administration. I, Steven Harry James Mitchell of Boglily Farm Steading, Boglily Road, Kirkcaldy, Fife, KY2 5XY am a director of the above Company. I give notice that I am acting 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 (following the purchase of the same from the administrators of the Company) under the following name: The Buffalo Farm Produce Ltd trading as The Buffalo Farm, that, could, if the Company subsequently went into liquidation within 12 months, be a breach of s.216 of the Insolvency Act 1986.   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 12.4 of the Insolvency (Scotland) (Receivership & Winding Up) Rules 2018).  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 12.4 of the Insolvency (Scotland) (Receivership & Winding Up) Rules 2018 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.