Meetings of Creditors
RULE 15.8 INSOLVENCY (ENGLAND AND WALES) RULES 2016
NOTICE TO CREDITORS OF VIRTUAL MEETING TO CONSIDER ADMINISTRATOR'S PROPOSALS
In the High Court of Justice
No 001414 of 2021
J E LORD & CO LIMITED
(Company Number 04192816)
Trading Name: Venture Precision Engineering
In Administration
The following proposed resolutions will be put to creditors on 18 October 2021 at 10.00 am.
The resolutions (for the full wording of the proposed resolutions please see the proxy form) are:
1. That the proposals of the administrator be approved.
2. Whether a creditors committee will be established.
If a liquidation committee is not established, the following resolutions are proposed:
3. That the F A Simms & Partners Limited's pre appointment costs for assisting with placing the Company into administration and as detailed in paragraph 9 of the administrator's proposals be approved.
4. That the basis of the administrator's remuneration will be on a time costs basis as detailed in the administrator's proposals and those fees will not exceed the estimate of £36,000.00 plus expenses and VAT.
5. That the Category 2 expenses incurred by the administrator be paid as an expense of the administration.
6. That the administrator's be discharged from liability arising from the appointment 28 days after filing the final progress report.
This notice is delivered by Richard Frank Simms, of F A Simms & Partners Limited. If creditors wish to contact the office-holder, please contact Nicki Paulson on telephone 01455 555 444 in the first instance.
Creditors should note that all proofs of debt must be delivered to the administrator's by 4pm on the last business day prior to the meeting. All proxy forms must be delivered to the administrator's before the commencement of the meeting.
Further information and guidance on the requirements for attendance, process for objecting to these resolutions and/or requesting the convening of a physical meeting is attached.
Richard Simms , Administrator
Date 30/09/2021
INFORMATION AND GUIDANCE
ATTENDANCE AT AND ADJOURNMENT OF VIRTUAL MEETING
Creditors who wish to attend the virtual meeting should contact Nicki Paulson on tel 01455 555 444 at least 24 hours prior to the meeting to obtain the dial in phone number and passcode.
Please note that the meeting may be suspended or adjourned by the chair of the meeting (and must be adjourned if the meeting resolves to do so).
Excluded Persons
An excluded person is anyone who has been invited to attend a virtual meeting or been allowed to attend a physical meeting virtually and for any part of the meeting could not participate.
Rule 15.36: The chair has discretion on whether the meeting is suspended, adjourned or continued depending on the nature of the interruption.
Rule 15.37: If the meeting is continued the excluded person can request information on the matters covered during the exclusion but this must be done by 4pm on the business day following the meeting.
Rule 15.38: In addition, an excluded person can make a complaint to the appropriate person (chair or convenor) about any decision that may have been made while excluded. Again, this right must be exercised within the same timescale and if the complainant is still unsatisfied then they have the right to appeal to the court within two business days.
Attendance by proxy
Attached proxy form should be used. Rule 16.2(2): A creditor can nominate another person to either attend or vote on their behalf at a meeting. In order to exercise this right a proxy form must be completed. There are two types of proxy form and the appropriate type needs to be selected, completed and submitted in accordance with the instructions provided.
Type One
A creditor can nominate another person to act on their behalf under a continuing proxy which gives the proxy holder the right to vote on the creditors behalf in any decision making process or a specific proxy for a specific meeting or any adjournment thereof.
Rule 16.2(4) Type Two
A proxy will be treated as a specific proxy unless it states it is a continuing proxy. [No indication on voting required on a continuing proxy]
Rule 16.2(6): A continuing proxy does not give any indication on how the proxy holder should vote on any specified decisions and is superseded by a specific proxy or a written notice of withdrawal.
Request for physical meeting
Section 246ZE(7)/S379ZA IA86: Creditors who meet one or more of the statutory thresholds listed below may also request that a physical meeting be held to consider any decisions proposed. The statutory thresholds to request a meeting are any of the following:
- 10% in value of the creditors
- 10% in number of the creditors
- 10 creditors
Termination of process on request for physical meeting
If there are sufficient requests for a physical meeting the virtual meeting process will be terminated and a physical meeting convened.
Creditors can still request remote access to any physical meeting.
Rule 14.31(1): Small debts
Any creditor whose debt is treated as a small debt (£1,000 or less) for the purposes of any dividend must still deliver a proof of debt if you wish to vote at the virtual meeting or in any subsequent decision making.
Rule 15.35 Appeal process
A creditor may appeal any actions of a chair or convener by application to the court. Any appeal must be made no later than 21 days after the decision date.
