Deemed Consent

Insolvency Act 1986, s. 99Insolvency Act 1986INSOLVENCY ACT 19862017-05-172017-05-262017-05-252017-05-22The Borough of Reigate and Banstead-0.21659251.285325KT20 6QWTSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211, customer.services@tso.co.uk278828261939

NOTICE TO CREDITORS OF PROPOSED APPOINTMENT OF NOMINATED LIQUIDATOR(S)

AND IN THE MATTER OF THE SECTION 100 INSOLVENCY ACT 1986

SCOTT COLLINS CARRIAGE CO LTD

Company Number: (09643544)

(“the Company”)

These decisions are to be made by the deemed consent process. The following proposed decisions will be deemed approved unless sufficient objections are received by 23.59 on 26 May 2017

Further information and guidance is attached on the process for objecting to these resolutions and / or requesting the convening of a physical meeting.

Decisions being proposed are:

(1) that the creditors confirm the nomination of the liquidator appointed by the members as liquidators of the company listed below;

(2) in accordance with Rule 6.19 that nominations for membership of a Liquidation Committee be invited, such nominations to be received by the last business day preceding the decision date.

This notice is delivered by Adam Bubb, director of the Company, c/o Mark S Goldstein, of Mark Goldstein Associates Ltd 01737 830763.

A resolution to wind up the company is due to be considered by shareholders on 26 May 2017. If the members fail to complete the formal appointment as stated above the appointment will be formalised at any agreed later adjournment.

The details of the proposed liquidator who has confirmed his qualification to act and consent to do so, is as follows:

Name of proposed Liquidator: Mark S Goldstein

IP Number: 6880

Address: Mark Goldstein Associates Ltd, 1 Hemlock Close, Kingswood, Surrey KT20 6QW

Email Address: karen.synott@mgacr.co.uk

Telephone Number: 01737 830763

Scott Bubb

17 May 2017

INFORMATION AND GUIDANCE

Further information is available as follows:

The proposed liquidators during the period before the decision date, must furnish creditors free of charge any such information concerning the company’s affairs as they may reasonably require.

Statement of Affairs [‘SoA’]:

If the SoA is not attached to this notice the following applies:

The directors, before the decision date and before the end of the period of seven days beginning with the day after the day on which the company passed a resolution for winding up, are required by section 99 of the Insolvency Act 1986—

(i) to make out a statement in the prescribed form as to the affairs of the company, and

(ii) send the statement to the company’s creditors.

Material transactions report:

A report must be made by the directors of any material transactions made between the date of the SoA and the decision date as soon as practicably possible.

The delivery of any report under the deemed consent procedure can result in the deemed approval date being extended to ensure that 3 business days are allowed between delivery of the report and deemed approval.

Any change in the deemed decision date will be provided with the report.

The ‘deemed approval’ process:

In respect of each of the decisions proposed above, if less than 10% in value of creditors (who would be entitled to vote if a vote were taken, (“the Threshold”) object to it in accordance with the procedure set out below, the creditors are to be treated as having made the proposed decision. Otherwise, the creditors are to be treated as not having made such a decision and a physical meeting must be convened in this case (section 100 appointment).

Objections can be made as follows:

In order to object to one or more of the proposed decisions, you must deliver a notice stating your objection (and specifying to which one or more of the proposed decisions your objection relates) to Scot Bubb, a director of the company, c/o Mark S Goldstein, of Mark Goldstein Associates Ltd, 1 Hemlock Close, Kingswood, Surrey, KT20 6QW not later than the deemed decision date included in the notice above.

In addition, you must have also delivered a proof of debt (unless one has already been submitted) also by the deemed decision date, failing which your objection will be disregarded.

Any objection will not be valid until the proof of debt has been received and the threshold met.

Small debts:

Any creditor whose debt is treated as a small debt for the purposes of any dividend must still deliver a proof of debt if a valid objection is to be made.

Opted out creditors:

A creditor may opt out of receiving notices in writing but nevertheless can still object in a deemed consent decision providing a proof of debt has been delivered by the deemed decision date or any extension thereof.

It should be noted that opting out will not affect any right to a dividend or future participation in decision making processes.

Request for a physical meeting

In addition to making an objection creditors who meet one or more of the statutory thresholds listed below may also request, in writing within 5 business days from the date of delivery of this notice, a physical meeting to be held to consider any decisions proposed or other matters.

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 breach of threshold:

If the objection threshold is met or sufficient creditors request a physical meeting, the deemed consent procedure will be terminated without a decision being made and a physical meeting must be convened in section 100 proceedings.

Notice of termination

It is the convener’s responsibility to aggregate any objections to see if the Threshold is met for the decision to be taken as not having been made and a further notice will be issued.

Notice of alternative nominations

Any creditor may also make an alternative nomination for liquidator. Any nominations must be made in writing together with a proof of debt and evidence of qualification and consent to act.

Any nomination should be made in conjunction with an objection and / or request for a physical meeting and will only be considered if the relevant threshold has been exceeded.

Appeal process

A creditor may appeal any actions of a convener by application to the court. Any appeal must be made no later than 21 days after the decision date.