Insolvency Notices

Company

OCELOT CHOCOLATE LTD

Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
23/09/2022
Edition
The Edinburgh Gazette
Notice ID
4166597
Notice Code
2403

OCELOT CHOCOLATE LTD

Company Number: SC510586

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 OCELOT CHOCOLATE LIMITED AND MATTHEW BROADBENT AND ISHBEL CATHERINE MACINTOSH NEAT

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 Matthew Broadbent c/o Johnston Carmichael, 7-11 Melville Street, Edinburgh, EH3 7PE and Ishbel Catherine Macintosh Neat c/o Johnstone Carmichael, 7-11 Melville Street, Edinburgh, EH3 7PE (“the Directors”) 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 Ocelot Chocolate Limited, a company incorporated in Scotland with registered number SC510586 and having its registered office at c/o Johnston Carmichael, 7-11 Melville Street, Edinburgh, EH3 7PE (the "Insolvent Company"). It is the intention of the Directors:- (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 Ocelot Craft Chocolate Limited, a company incorporated in Scotland with registered number SC743088 and having its registered office at 51 Lawmill Gardens, St. Andrews, Fife, Scotland, KY16 8QZ; and (ii) that Ocelot Craft Chocolate Limited would carry on business using the trading names "Ocelot" and “Ocelot Craft Chocolate” (the "Names"). The Names are, would be, or may be, a prohibited name (within the meaning of section 216(2) of the Act) in respect of the Directors, in the event of the Insolvent Company entering insolvent liquidation. The Directors 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. Graeme Norman Bain of Johnston Carmichael was appointed interim liquidator of the Insolvent Company (the "Liquidator") on 5 July 2022. The Directors were directors of the Insolvent Company on that date. On 20 September 2022, Ocelot Craft Chocolate Limited acquired the whole, or substantially the whole, of the business of the Insolvent Company from the Insolvent Company under arrangements made by the Liquidators acting as liquidators of the Insolvent Company. Susan Currie Blackadders LLP 40 Torphichen Street Edinburgh EH3 8JB Solicitor