Deemed Consent
NOTICE OF DEEMED CONSENT PROCEDURE
FOR THE APPOINTMENT OF LIQUIDATOR
PURSUANT TO S246ZF
THE INSOLVENCY ACT 1986 AND RULE 6.14
THE INSOLVENCY RULES 2016
4BOYS PZ LIMITED
Company Number: (09295845 )
trading as The Star Inn
Registered office: Crane & Johnston, 11 Alverton Terrace, Penzance, Cornwall, TR18 4JH
Principal trading address: 114-117 Market Jew Street, Penzance, Cornwall, TR18 2LD
Notice is hereby given pursuant to Rule 6.14 of the Insolvency Rules 2016 that the Deemed Consent Procedure is to be used to seek a decision from creditors, on the appointment of the Joint Liquidators and their duties.
The nominated Liquidators are Lisa Alford and Alessandro Sidoli of Purnells, Treverva Farm, Treverva, Penryn, Near Falmouth, Cornwall, TR10 9BL
It is proposed that the decision be made that, Lisa Alford and Alessandro Sidoli are appointed Joint Liquidators and that their duties be carried out jointly, or solely by either one of them.
The decision date for deemed consent is 23.59 hours on 2 May 2017
The Resolution to Wind Up the Company and Appoint a Liquidator is to be considered by Shareholders, at 3.45pm on 2 May 2017.
Should 10% or more in value of creditors, who are entitled to vote, object to the proposed decision (in accordance with the procedure, set out in the notice,) the decision will be automatically approved on the decision date.
In order to object to the proposed decision, creditors must send notice to the convenor, stating that they object, not later than the decision date, together with a proof of debt in respect of their claim otherwise, the objection will be disregarded.
It is the convenor’s responsibility to determine whether sufficient objections are received, to end the procedure without the decision being made.
If sufficient objections are received, the deemed consent procedure will terminate without a decision being made and if a decision is sought again on the same matter, it will be sought by an alternative decision procedure.
It should be noted that any claims lodged with objections, after the decision date will be invalid.
It should be noted that Creditors with claims of less than £1,000 are still required to submit a proof of debt, in order for their objection to be valid.
Within 5 business days of delivery of this notice, creditors may request that a physical meeting be held to consider the matter. Any such requests must be supported by proof of their claim, (unless this has been lodged previously). Such a meeting will only be convened if creditors making such a request represent a minimum of 10% in value, or 10% in number of the Creditors, or 10 creditors in number.
On the two business days prior to the date of deemed consent, a list of the names and addresses of the Company's Creditors will be available for inspection, free of charge at, Purnells, Treverva Farm, Treverva, Penryn, Near Falmouth, Cornwall, TR10 9BL, being a place in the relevant locality,
Notice is also given, that, for the purpose of voting, Secured Creditors must (unless they surrender their security) lodge at the above address before the Meeting, a statement giving particulars of their Security, the date when it was given, and the value at which it is assessed.
For the purposes of S183 of the Insolvency Act 1986, Notice is further given, that a meeting of shareholders has been called at which a resolution for voluntary winding up is to be proposed. In accordance with this section, therefore, the date of this notice is substituted as being the date of the commencement of the winding up.
Should Creditors object to the decision made on the decision date, they have the right to appeal the decision made, by making an application to Court under Rule 15.35 of The Insolvency Rules 2016, within 21 days of the decision date.
Queries may be sent to: lisa@purnells.co.uk or elizabeth@purnells.co.uk
by order of the Board of Directors
Jonathon Gibbard, Director
Dated: 12 April 2017