NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY REGARDING THE RE-USE OF A PROHIBITED NAME – RULE 12.4 OF THE INSOLVENCY (SCOTLAND) (RECEIVERSHIP AND WINDING UP) RULES 2018 AND SECTION 216 OF THE INSOLVENCY ACT 1986.
Company NumberSC415244
Registered officeC/O Begbies Traynor, 2 Bothwell Street, Glasgow, G2 6LU
Trading NameEden Mill / Eden Mill Distillery (names by which the Company was and is known in a period of 12 months preceding entry into administration and predicted subsequent insolvent liquidation pursuant to s216(2)(a) of the Insolvency Act 1986 the “Act”)
Notice is being given, pursuant to rule 12.4(4)(a) of The Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 (the “Rules”), prior to the Company entering insolvent liquidation as the business (or substantially the whole of the business) has been acquired by another company under arrangements made by an office-holder acting in relation to the Company as administrator.
I, Anthony Roiall Banks, of Ruby House, 9 Luna Place, Dundee Technology Park, Dundee, Scotland, DD2 1TY, was a director of the Company on the day it entered administration.
I give notice that I am acting and intend to continue to act in all or any of the ways specified in section 216(3) of the Act if 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:
Eden Mill / Eden Mill Distillery.
I would not otherwise be permitted to undertake the activities as set out hereabove without the application of the exception created by rule 12.4 of the Rules made under the Act.
I note that a breach of the prohibition created by section 216 of the Act is a criminal offence.
Section 216(3) of 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 Rules.) 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 Rules 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.
The Company entered administration on 18 November 2025 and I, Anthony Roiall Banks, was (c)(ii) a director of the Company on such date.
Recorded in The Gazette, issue 29208, 12 December 2025