Help with proxy form for voluntary liquidation

Help with proxy form for voluntary liquidation

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Hi all

I am a bookkeeper who also deals with all invoicing and credit control for a client. Just received a notice that a customer on one of my clients is to appoint a liquidator and need to provide them with proof of debt (which is ok, can do).  

They have also sent a form for my client to appoint a proxy holder along with voting instructions for that proxy holder.   Just not sure how to complete this particular form.

My client acknowledges that he is very unlikely to get anything from this and he will certainly not be attending the meeting himself, but is also not aware of anyone local (its in London) he can send to the meeting, nor indeed if it is worth doing so.  We do have the option to appoint the 'chairman of the meeting' and have been advised this could be a director of the company.

The notice given is

1) To have laid before it a statement as to the affairs of the company

2) The appointment of a liquidator

3) The appointment of a liquidation committee

It states Resolutions may be proposed to set the basis of the Liquidators remuneration and to confirm the pre appointment costs.

Is it normal and acceptable to appoint the Chairman (aka a Director) such a person as proxy?

Any suggestions for voting instructions/resolutions would be very welcome (and dare I ask for appropriate wording?  Or should I just go to my clients Accountant?)

Thanks in advance

 

Replies (5)

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Scalloway Castle
By scalloway
26th Jun 2016 09:08

In my days of having to deal with these situations I just made sure our debt was included in the statement of affairs and left the liquidator to get on with it. Unless your client objects to the liquidator that is being appointed I would just let the chair be their proxy.

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By johngroganjga
26th Jun 2016 09:36

If your client's accountants have an insolvency department ask them if they are interested in being appointed proxy holder. If not, what do they advise?

if not, does your client have any other contacts with insolvency practitioners?

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By Cheshire
26th Jun 2016 11:15

Thank you both for your comments. Client's Accountancy practice do not have an insolvency department but I will certainly ask my contact there before I go any further. My client has no other such contacts.

If I may trouble you with one more question - I have to complete a proof of debt form. Form asks for amount of uncapitalised interest.

I have seen some comments that this can only be included if there is a contractual right, but have no idea if this is still the case.

No letter before action/late payment demand had been sent (instructions sent, not yet acted on), but the usual 'in the event of non payment/interest will be added' type statement, with the interest rate, was included on all invoices. Does this therefore allow the inclusion of such interest on this form?

Thanks again

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By kiwilondon99
27th Jun 2016 11:59

what did you sell the Client- services or goods. if the latter and you have a retention of title [ until paid] point that out to your accountants / liquidator and get over there and reclaim them ....

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Replying to kiwilondon99:
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By Cheshire
27th Jun 2016 18:37

Hi
Its services - he has a 12 month contract and was 9months in.

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