Meetings of Creditors
In the High Court of Justice
Court Number: CR-2021-001209
MINSTER BUILDING COMPANY LTD
(Company Number 06402398)
Registered office: Merchants Court, 21-23 Castle Gate, Nottingham, NG1 7AQ
Principal trading address: Court House Chambers, The Burgage, Southwell, NG25 0EP
This Notice is given under Rules 3.39 and 15.8 of the Insolvency (England & Wales) Rules 2016 (“the Rules”). It is delivered by the Joint Administrator of the Company, Louise Freestone, of Opus Restructuring LLP, Merchants Court, 21-23 Castle Gate, Nottingham, NG1 7AQ (telephone number 01908 087220), who was appointed by the Directors.
Creditors are invited to attend a virtual meeting for the purposes of considering the following (for the full wording of proposed decisions, see the proxy form): The establishing of a Creditors’ Committee, if sufficient nominations are received by 16 September 2021 and those nominated are willing to be members of a Committee; The timing of the Joint Administrators’ discharge; The approval of the pre-Administration costs; The basis of the Joint Administrators’ fees; The approval of the Joint Administrators’ Category 2 expenses; and The extension of the administration.
The meeting will be held at 10:30 am on 17 September 2021. Please contact the Joint Administrator (details below) to receive instructions on how to access the virtual meeting, which will be held via an online conferencing platform.
This virtual meeting will be recorded by video and/or audio in order to establish and maintain records of the existence of relevant facts or decisions that are taken at the meeting. By attending this meeting, you consent to being recorded. Where any recording of the meeting also entails the processing of personal data, such personal data shall be treated in accordance with the Data Protection Act 2018.
The meeting may be suspended or adjourned by the chair of the meeting (and must be adjourned if it is so resolved at the meeting).
Also provided is a proxy form to enable creditors to appoint a proxy-holder to attend on their behalf (note: any creditor who is not an individual must appoint a proxy-holder, if they wish to attend or be represented at the meeting).
All proxy forms, together with a proof of debt if one has not already been submitted, must be completed and returned to the Joint Administrator by one of the methods set out below:
By post to: Opus Restructuring LLP, Merchants Court, 21-23 Castle Gate, Nottingham, NG1 7AQ By fax to: 01908 66 04 61 By email to: ashleigh.smith@opusllp.com
Please note that, if you are sending forms by post, you must ensure that you have allowed sufficient time for the forms to be delivered to the address above by the times set out below. Unless the contrary is shown, an email is treated as delivered at 9am on the next business day after it was sent.
All proofs of debt must be delivered by: 4pm on 16 September 2021. All proxy forms must be delivered to the convener or chair before they may be used at the meeting fixed for 10:30 A.M on 17 September 2021
If the Joint Administrator has not received a proof of debt by the time specified above (whether submitted previously or as a result of this Notice), that creditor’s vote will be disregarded. Any creditor whose debt is treated as a small debt in accordance with Rule 14.31(1) of the Rules must still deliver a proof if the creditor wishes to vote A creditor who has opted out from receiving notices may nevertheless vote if the creditor also provides a proof by the time set out above.
Creditors who meet one or more of the statutory thresholds listed below may, within 5 business days from the date of the delivery of this Notice, require a physical meeting to be held to consider the matter.
Statutory thresholds to request a meeting: 10% in value of the creditors; 10% in number of the creditors; 10 creditors
Creditors who have taken all steps necessary to attend the virtual meeting under the arrangements made by the convener, but that do not enable them to attend the whole or part of the meeting, may complain under Rule 15.38 of the Rules. A complaint must be made as soon as reasonably practicable and in any event no later than 4pm on the business day following the day on which the person was, or appeared to be, excluded; or where an indication is sought under Rule 15.37, the day on which the complainant received the indication.
A creditor may appeal a decision by application to the court in accordance with Rule 15.35 of the Rules. Any such appeal must be made not later than 21 days after the Decision Date.
Invitation to Form a Committee
Creditors are invited to nominate creditors (which may include themselves) by completing the relevant section on the proxy form and returning it to the Joint Administrator.
All nominations must be delivered by: 4:00 P.M on 16 September 2021.
Nominations can only be accepted if the Joint Administrator is satisfied as to the nominated creditor’s eligibility under Rule 17.4 of the Rules. For further information on the role of Creditors’ Committees, go to: http://thecompliancealliance.co.uk/cglc.pdf.
Date of Appointment: 19 July 2021
Louise Freestone, Joint Administrator
1 September 2021
Ag IH60126
