Insolvency Notices

Company

SUSTAINABILITY INC LIMITED

Notice Type
Meetings of Creditors
Publication date
30/05/2017
Edition
The London Gazette
Notice ID
2792635
Notice Code
2442

SUSTAINABILITY INC LIMITED

(Company Number 06311566)

Registered office: 2a Zebra Court, White Moss View of Greenside Way, Middleton, Manchester M24 1UN

Principal trading address: 2a Zebra Court, White Moss View of Greenside Way, Middleton, Manchester M24 1UN

NOTICE IS HEREBY GIVEN to Creditors pursuant to Rules 6.14 (2)(b) and 15.8 of The Insolvency Rules (England & Wales) 2016, ("The Rules"), that decisions are being sought, by a Virtual Meeting of Creditors, pursuant to Rule 15.5 of The Rules.

Decisions for approval

1. For the appointment of Mark Beesley (IP Number-8739) and Tracy Mary Clowry (IP Number-9562), of Beesley Corporate Solutions, Astute House, Wilmslow Road, Handforth, Cheshire, SK9 3HP as Joint Liquidators of Sustainability Inc Limited.

2. That a Liquidation Committee be formed.

3. That the Joint Liquidators be authorised to draw ÂŁ10,000.00 plus VAT and disbursements (to include category 2 disbursements) in respect of preparing the Statement of Affairs and convening the meetings of members and Creditors. In this regard the Company has paid ÂŁ10,000 plus VAT to the Nominated Liquidators.

4. That the Joint Liquidators be authorised to draw fees on account, subject to availability of funds, on a time cost basis; estimated at ÂŁ60,000.00 plus VAT; and disbursements (to include category 2 disbursements), estimated at ÂŁ9,000.00 plus VAT; over period of two years as detailed in the Beesley Corporate Solutions- Fees Estimate Pursuant to Rule 18.16 (4) of The Insolvency Rules (England & Wales) 2016 which was issued to Creditors on Friday, 26 May 2017.

5. That in the event that the anticipated remuneration and/or expenses exceed the above amounts, the Joint Liquidators may request approval for additional amounts to be drawn.

NB 1: In the event that a Liquidation Committee is formed the decisions as regards remuneration will be the responsibility of the Committee and not form part of this decision process.

The Virtual Meeting will be held as follows:

Time: 3.30 pm

Date: 6 June 2017

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).

A proxy form is available to enable Creditors to appoint a proxy holder to attend on their behalf, all proxy forms, together with, a completed proof of debt form must be returned to the convenor, c/o Beesley Corporate Solutions, Astute House, Wilmslow Road, Handforth SK9 3HP or by email to sustainability@beesley.co.uk.

NB 2: Creditors are advised that, in order to vote a valid proof of debt form must be received by 16.00 hours on the 5 June 2017, and all proxy forms must be delivered to the convenor or chair before they may be used at the meeting fixed for 3.30 pm on Tuesday, 6 June 2017.

Secured Creditors (unless they surrender their security) must give particulars of their security and its value.

Creditors are advised that, 10% or more by value of Creditors, 10 Creditors in number or 10% of the total number of Creditors may pursuant to Section 246ZE (7) of the Act, may within five business days from the date of the delivery of this notice, request a physical meeting be held to consider the above matters.

A request for a physical meeting must be made in writing to the proposed Liquidators at danf@beesley.co.uk or donna@beesley.co.uk or Astute House, Wilmslow Road, Handforth, Cheshire SK9 3HP and must be accompanied by a proof of debt, a copy of which is available.

A deposit of ÂŁ750.00 plus VAT towards the costs of convening the meeting should be enclosed with the request pursuant to Rule 15.9 of The Rules.

It is the convenors' responsibility to aggregate any requests to see if the above thresholds are met.

A decision of the convenor on the validity and aggregation of any requests pursuant Rule 15.6(2) of The Rules, is subject to appeal under Rule 15.35 of The Rules, as if it were a decision under Chapter 8 of part 15 of The Rules.

Creditors who have taken all steps necessary to attend the virtual meeting under the arrangement made by the convenor, 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 that 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 15.38, the day on which the complainant received the indication.

Such an appeal must be made no later than 21 days after the decision date.

Further information about this case is available from the offices of Beesley Corporate Solutions on 01625 544 777.

Laurence Stephen Kilcommons , Director

Dated: 16 May 2017