NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY REGARDING THE RE-USE OF A PROHIBITED NAME
PURSUANT TO SECTION 216 OF THE INSOLVENCY ACT 1986 AND RULE 12.4 OF THE INSOLVENCY (SCOTLAND) (RECEIVERSHIP AND WINDING UP) RULES 2018
IN RESPECT OF
SKILAMALINK LTD
(in Liquidation)
Company Number: SC560747
AND
Justin Savage
Section 216 of the Insolvency Act 1986 (the "Act") lists the activities that a director of a company that has gone into insolvent liquidation may not undertake unless the court gives permission or there is an exception in the Insolvency Rules made under the Act. (This includes the exceptions in Part 12 of the Insolvency (Scotland) (Receivership and 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 12 months 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 under rule 12.4 of the Insolvency (Scotland) (Receivership and Winding up) Rules 2018 that it is the intention of Justin Savage (the "Director") to act, or continue to act, in all or any of the ways specified in section 216 of the Act 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 trading name:
Beefcake Cafe
It is the intention of the Director:-
(i) to commence trading as a sole trader from 808 Crow Road Glasgow G13 1LY, the previous registered office and trading address of Skilamalink Ltd - in Liquidation (the "Insolvent Company"); and
(ii) for the sole trader to use the trading name "" Beefcake Cafe" (the "Name").
The Name is a prohibited name (within the meaning of section 216(2) of the Act) in respect of the Director, given that the Insolvent Company has entered insolvent liquidation.
The purpose of giving this notice is to permit the director to act in these circumstances where the company has entered insolvent liquidation without the director committing a criminal offence or being personally liable for the insolvent company's debts.