Insolvency Notices

Company

ANGLO SCOTTISH UTILITIES LTD

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
12/06/2019
Edition
The Edinburgh Gazette
Notice ID
3301744
Notice Code
2403

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

ANGLO SCOTTISH UTILITIES LIMITED

Company Number: SC516630

Trading Name: Anglo Scottish Utilities

Registered office: Unit 1, Block B Smeaton Road, West Gourdie Industrial Estate, Dundee, Scotland DD2 4UT

Principal trading address: Unit 1, Block B Smeaton Road, West Gourdie Industrial Estate, Dundee, Scotland DD2 4UT

The Director of the Company using the Deemed Consent procedure, is in the process of placing the Company in Creditors' Voluntary Liquidation, with both the General Meeting of members to be held on and the Decision Date to be on 13 June 2019.

Anglo Scottish Group Limited intends to enter into an arrangement with the duly appointed Liquidator of the Company to acquire substantially the whole of the business and assets of the Company and to carry on substantially the whole of the Company's business.

We, Andrew Woodcock-Jones and Ronald James Stowers, directors of Anglo Scottish Group Limited, of Unit 1, Block B Smeaton Road, West Gourdie Industrial Estate, Dundee, Scotland DD2 4UT, were directors of the Company during the last 12 months.

We hereby give notice that it is our 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 purpose of carrying on substantially the whole of the business of the insolvent Company trading as 'Anglo Scottish Group' and /or 'Anglo Scottish Utilities' using the names 'Anglo', 'Anglo Scottish' and 'Anglo Scottish Utilities' as part of the company's name and/or trading name(s) of 'Anglo Scottish' Group Limited.

We are aware that without this statement we would not otherwise be permitted to undertake those activities without the leave of the Court or the application of an exception created by the Rules made under the Insolvency Act 1986 and that a breach of the prohibition created by section 216 is a criminal offence, and we set out our statement under Rule 12.5 of the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 as to the effect of the notice under Rule 12.4 (2) of the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 below:

Section 216 (3) of the Insolvency Act 1986 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 Insolvency Act 1986. (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 in pursuance to Rule 12.4 of the Insolvency (Scotland) (Receivership and 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 the company and under the same or a similar name to that of that company.

The purpose of giving 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 may be given where the person giving the notice is already the director of a company which proposes to adopt a prohibited name.

Andrew Woodcock-Jones, Dated: 11 June 2019

Ronald James Stowers, Dated: 11 June 2019