Insolvency Notices

Company

ARJOWIGGINS SCOTLAND LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
18/10/2019
Edition
The Edinburgh Gazette
Notice ID
3408527
Notice Code
2403

RULE 22.4(2)(A) OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016 AND RULE 12.4(2)(A) OF THE INSOLVENCY (RECEIVERSHIP AND WINDING UP) (SCOTLAND) RULES 2018

NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME

ARJOWIGGINS SCOTLAND LIMITED

Company Number: SC634249

Registered office: 2nd Floor 110 Cannon Street, London, EC4N 6EU

Principal trading address: Stoneywood Mill, Stoneywood Terrace, Aberdeen AB21 9AB

Arjowiggins Scotland Limited (Registered in Scotland: SC634249) has acquired the business of Arjo Wiggins Fine Papers Limited (In Administration) (“the Company”) a company incorporated in England and Wales under registered number: 00961440, having its registered address at 2nd Floor 110 Cannon Street, London, EC4N 6EU and principal trading address at Stoneywood Mill, Stoneywood Terrace, Aberdeen AB21 9AB.

On 14th January 2019 the Company entered administration. We, Jonathan David Mitchell, of 175 Rue De Tressancourt, 78630 Orgeval, France, and Angus Lachlan MacSween, of 19 Burnwood Drive, Newmachar, Aberdeen, AB21 0NW were directors of the Company on the day it entered administration.

We hereby give notice that we are acting and intend to continue to act in one or more of the ways to which Section 216(3) of the Insolvency Act 1986 would apply if the Company were to go into insolvent liquidation in connection with, or for the purposes of the carrying on of the whole or substantially the whole of the business of the Company under the following name:

Arjowiggins Scotland Limited (Registered in Scotland: SC634249).

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 22 of the Insolvency (England and Wales) Rules 2016 & 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 both Rule 22.4 of the Insolvency (England and Wales) Rules 2016 and 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 that 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.

Jonathan David Mitchell

Angus Lachlan MacSween

15th October 2019