Insolvency Notices


Notice Type
Deemed Consent
Publication date
18/03/2022
Edition
The London Gazette
Notice ID
4024510
Notice Code
2447

NOTICE OF A DECISION BEING SOUGHT TO BE MADE BY THE DEEMED CONSENT PROCEDURE

INVESTABLY LIMITED

Company Number: (11707395)

(“the Company”)

Registered office: Kings Parade, Lower Coombe Street, Croydon, Surrey, CR0 1AA

Notice is hereby given, pursuant to Rule 15.13 of the Insolvency (England and Wales) Rules 2016, that a decision is to be sought from the creditors of the above-named Company by way of a Deemed Consent Procedure for the appointment of Paul Wood and Simon Robert Haskew,both of Begbies Traynor (Central) LLP, to act as Joint Liquidators of the Company and that any act required or authorised under any enactment to be done by the Joint Liquidators, may be done by all or any one or more of the persons holding the office of liquidator from time to time.

The decision is proposed by Colum Jeffrey Arment Smith the director of the Company (“the Convener”).

In the absence of 10% in value of the Company’s creditors¹ (“the Threshold”) objecting to the Proposed Decision by no later than 24 March 2022 (“the Decision Date”), creditors will be treated as having made the Proposed Decision.

Âą who would be entitled to vote if the decision were to be made by a qualifying decision procedure

Procedure for Objecting

In order to object to the Proposed Decision, a creditor must have delivered a notice in writing of their objection, together with a proof in respect of their claim to the Convener, who can be contacted via the contact details at the end of this notice, by no later than the Decision Date, failing which their objection will be disregarded.

Please note that should you object to the Proposed Decision, you will be objecting to the appointment of the proposed insolvency practitioners as liquidators, rather than making an objection to the liquidation of the Company itself.

It is the Convener’s responsibility to aggregate any objections to determine if the Threshold is met for the Proposed Decision to be taken as not having been made. A creditor may appeal the decision of the Convener on the aggregation of objections; however, such an appeal may not be made later than 21 days after the Decision Date.

If the Threshold is met, the deemed consent procedure will terminate without a decision being made. In such circumstances, it is a requirement of the Insolvency legislation for a physical meeting of creditors to be convened for the purpose of seeking a decision of creditors on the nomination of a person to act as liquidator of the Company.

Resolution that the Company be wound up voluntarily

The resolution that the Company be wound up voluntarily will be considered by the members on the Decision Date.

Creditor information

Paul Wood of St James Court, St James Parade, Bristol, BS1 3LH, being an individual qualified to act as an insolvency practitioner in relation to the Company, will furnish creditors free of charge with such information concerning the Company’s affairs as they may reasonably require during the period before the Decision Date.

Statement of Affairs

Pursuant to Section 99 of the Act, the director of the Company is required before the Decision Date and before the end of the period of 7 days beginning with the day after the day on which the Company passes a resolution for winding up, to make out a statement (in the prescribed form) as to the affairs of the Company and to send the same to the Company’s creditors.

Request for a physical meeting

As explained above, where the Threshold for objecting to the Proposed Decision is met, a physical meeting of creditors will be convened in order to seek a decision from creditors on the nomination of a liquidator.

In addition, the Insolvency legislation also provides that 10% in value of creditors, 10% in number of creditors, or 10 creditors, may require a physical meeting to be held to consider the Proposed Decision. Such a request must be made in writing to the Convener, via the contact details below by no later than the business day immediately before the Decision Date. In order to enable the Convener to determine whether a threshold has been met, please also provide a proof with any request.

Convener’s contact details

Documents required to be delivered to the Convener pursuant to this notice can be sent by post to Begbies Traynor,St James Court, St James Parade, Bristol, BS1 3LH, or alternatively by e-mail to bristol@btguk.com Any person who requires further information may contact Clive Hobbsby telephone on 0117 937 7130 or alternatively by e-mail at Clive.Hobbs@btguk.com

Convener

Dated: 14 March 2022