Insolvency Notices


Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
04/08/2020
Edition
The Edinburgh Gazette
Notice ID
3605623
Notice Code
2403

NOTICE IN COMPLIANCE WITH RULE 12.4 OF THE INSOLVENCY (SCOTLAND) (RECEIVERSHIP AND WINDING UP) RULES 2018 “THE RULES”. STATEMENT TO THE CREDITORS OF AN INSOLVENT COMPANY REGARDING THE RE-USE OF A PROHIBITED NAME IN COMPLIANCE WITH RULE 12.5

BREAKNECK COMEDY LIMITED

Company Number: SC549867

Registered office: Amicable House, 252 Union Street, Aberdeen, AB10 1TN

Principal trading address: 22–24 King Street, Aberdeen, AB24 5AX

On 28 July 2020, Breakneck Comedy Limited “the company” became subject to insolvent liquidation. I, Nazier Hussain of 20a King Street, Aberdeen, AB24 5AX was a director of the company during the twelve month period ending with the day before date of liquidation. I hereby 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 “ the Act” in connection with, or for the purposes of, carrying on of the whole, or substantially the whole, of the business of the insolvent company using the trading name “Breakneck Comedy”. This trading name will belong to Pee Pee Promotions Limited (SC654535) a company of which I am sole director/shareholder. Section 216(3) of the Act lists the activities that a director of a company subject to insolvent liquidation may not undertake, either unless the court grants permission or there is an exception provided for under current insolvency legislation (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 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 me to act in the circumstances narrated above where the company enters (or has entered) insolvent liquidation without me being subject to committing a criminal offence under the Act, and in the case of the carrying on the business through another company being personally liable for such company’s debts.