HMS (883) LIMITED
Company NumberSC401180
NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY REGARDING THE RE-USE OF A PROHIBITED NAME - PURSUANT TO SECTION 216 OF THE INSOLVENCY ACT 1986 AND RULE 12.4 OF THE INSOLVENCY (SCOTLAND) (RECEIVERSHIP AND WINDING UP) RULES 2018
1. On 5 March 2026, HMS (883) Limited (Company number: SC401180) a company incorporated under the Companies Acts with its registered office previously at 223 Fenwick Road Giffnock Glasgow G46 6JG and now at Third Floor 2 Semple Street Edinburgh EH3 8BL (“the Company”) entered administration. 2. We, Giancarlo Antonio Celino of The Neuk, Bishops Lark, Thorntonhall, Glasgow, G74 5AF and and Fabia Antonia Munro of 49 Sutherland Avenue, Glasgow, G41 4ET (“we, us, the Directors”), were directors of the Company when it entered administration. 3. The Company has not entered insolvent liquidation. 4. Section 216(3) of the Insolvency Act 1986 restricts when directors of a company in insolvent liquidation may be involved in the management of a company with the same or similar name. 5. We give notice that we are acting and intend to continue to act in one or more of the ways specified in section 216(3) of the Insolvency Act 1986 (which would apply if the Company was 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 insolvent company. 6. The business is being, and is to be, carried on under the following trading names:- “Lucali” and “Andiamo” which would be prohibited names in respect of us in the event of the Company entering insolvent liquidation. 7. We would not otherwise be permitted to act in all or any of the ways specified in section 216(3) of the Insolvency Act 1986 in connection with, or for the purposes of, carrying on the whole or substantially the whole of the business of the Company under the prohibited name without leave of the court or the application of an exception created by Rules made under the Insolvency Act 1986. 8. A breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence. 9. 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 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.
Recorded in The Gazette, issue 29253, 31 March 2026