Insolvency Notices

Company

FLOWERCARD INTERNATIONAL LIMITED

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
11/02/2022
Edition
The Edinburgh Gazette
Notice ID
3989945
Notice Code
2403

NOTICE 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

FLOWERCARD INTERNATIONAL LIMITED

Company Number: SC561710

and

Stephen Gorman

and

Catherine Gorman

Section 216(3) 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 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.

It is the intention of Stephen Gorman of 40 Charlotte Square 1st Floor, Edinburgh, United Kingdom, EH2 4HQ (the "Director") Catherine Gorman of 40 Charlotte Square 1st Floor, Edinburgh, United Kingdom EH2 4HQ (the “Shareholder”) to act, or continue to act, in all or any of the ways specified in section 216(3) 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 Flowercard International Limited, a company incorporated in Scotland with registered number SC561710 and having its registered office at 40 Charlotte Square 1st Floor, Edinburgh, United Kingdom, EH2 4HQ (the "Insolvent Company").

It is the intention of the Director and the Shareholder:-

(i) to act, or continue to act, in all or any of the ways specified in section 216(3) of the Act in connection with Flowercard Scotland Limited, a company incorporated in Scotland with registered number SC716370 and having its registered office at Suite 20 196 Rose Street, Edinburgh, Scotland, EH2 4AT; and

(ii) that Flowercard Scotland Limited would carry on business using the trading name "Flowercard" (the "Name").

The Name is, would be, or may be, a prohibited name (within the meaning of section 216(2) of the Act) in respect of the Director and the Shareholder, in the event of the Insolvent Company entering insolvent liquidation.

The Director and the Shareholder would not be permitted to undertake the Activities without the leave of the court or the application of an exemption created by Rules made under the Act.

Breach of the prohibition created by section 216 of the Act is a criminal offence.

Callum Carmichael and Michelle Elliot of FRP Advisory were appointed as administrators of the Insolvent Company (the "Administrators") on 26 January 2022. The Director was a director of the Insolvent Company on that date. The Shareholder was a director of the Insolvent Company during the period of 12 months prior to that date.

On 26 January 2022, Flowercard Scotland Limited acquired the whole, or substantially the whole, of the business of the Insolvent Company from the Insolvent Company under arrangements made by the Administrators acting as administrators of the Insolvent Company.