Meetings of Creditors
CYBELE ENDURANCE LTD
(Company Number 10946284)
Registered office: 17 St Peters Place, Fleetwood, Lancashire, FY7 6EB
Principal trading address: N/A
This Notice is given under Rules 6.14, 6.19 and 15.8 of the Insolvency (England & Wales) Rules 2016 ("the Rules"). It is delivered by Scott James Leadbetter, director of the Company, c/o Ian McCulloch, of Opus Restructuring LLP, Mount Suite, Rational House, 32 Winckley Square, Preston, Lancashire, PR1 3JJ (telephone number 01772 669860).
Creditors are invited to attend a virtual meeting for the purposes of considering the following:
1. The creditors confirmed the nomination of the liquidators appointed by the members and accordingly, Ian McCulloch and Mark Nicholas Ranson remain as liquidators of the Company. 2. That a Liquidation Committee be established if sufficient nominations by 26 January 2022 are received and those nominated are willing to be members of a Committee. However, in the event that no committee is established creditors are asked to vote on the following decisions: 3. The approval of the fees and expenses for preparing the statement of affairs and for convening the procedure to seek a decision from creditors on the nomination of liquidators. 4. The basis of the Joint Liquidators’ fees. 5. The approval to discharge the Joint Liquidators’ Category 2 expenses. A resolution to wind up the company is to be considered by shareholders on 27 January 2022.
The proposed Liquidators who are qualified to act as insolvency practioners are: Ian McCulloch (IP No. 18532) and Mark Nicholas Ranson (IP No. 9299) both of Opus Restructuring LLP, Mount Suite, Rational House, 32 Winckley Square, Preston PR1 3JJ, email demi.nicholson@opusllp.com, telephone number 01908 087220. The proposed liquidators during the period before the decision date, will furnish creditors free of charge with such information concerning the company’s affairs as they may reasonably require.
The virtual meeting will be held as follows: Venue: Microsoft Teams, at 10.15 am on 27 January 2022.
Please contact the liquidators (details below) to receive instructions on how to access the virtual meeting, which will be held via Microsoft Teams.
This virtual meeting will be recorded 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 virtual 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 by one of the methods set out below: By post to: Mount Suite, Rational House, 32 Winckley Square, Preston, Lancashire, PR1 3JJ; By fax to: 01908 660461; By email to: demi.nicholson@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 26 January 2022. All proxy forms must be delivered to the convener or chair before they may be used at the meeting fixed for 10.15 am on 27 January 2022.
If your proof of debt has not been received 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, between the delivery of this notice and the Decision Date, require a physical meeting to be held to consider the matters detailed above. Statutory thresholds to request a meeting: 10% in value of the creditors; 10% in number of the creditors; 10 creditors. If the Threshold is met, the decision procedure will terminate without a virtual meeting being held and a physical meeting shall be convened.
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 Convener by one of the methods listed above. All nominations must be delivered by: 10:15am on 27 January 2022.
Nominations can only be accepted if the Convener is satisfied as to the nominated creditor’s eligibility under Rule 17.4 of the Rules. For further information on the role of Liquidation Committees, go to: http://thecompliancealliance.co.uk/cglc.pdf.
Scott James Leadbetter, Director/Convener
13 January 2022
Ag MH100961
