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Published by celia, 2022-12-20 06:28:50

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CLIENT SET UP FORM AND NOTIFICATION OF NEW CASE

Client Name Huriya Care U.K Ltd
Company Registration No. 11869979
Activity / Sector Other Residential Care Activities Not Elsewhere Classified
Case Ref (Insolv) 2037
Nature of Appointment Liquidator
Date of Appointment 22 March 2022
Appointor Members and Creditors (Deemed Consent Procedure)
Source Okhai & Co Ltd
Appointee Nimish Patel
Ethical Guidelines Considered Yes
Diary Entered On Insolv 06/01/2022 11:29:48
Asset Insurance Taken Out No
Set Up Page Complete Yes
Assignment Type CVL

Estimated Fee Pre-Appointment Fees (Fixed)
£6,500.00 plus VAT plus Disbursements
Assignment Team
Nimish Patel
Client Id Completed?
Bribery Review Undertaken Johnson Varughese

Prepared by: Ketul Patel

Yes

Yes

Ketul Patel

Encl.: Bonding Calc.xlsx

110.03





















HURIYA CARE U.K LTD - IN CREDIT

LIQUIDATOR'S TIME COSTS ANALYSIS FOR THE

Employee Grade Partner Senior Supe
Charge Rate per hour 650
Manager
Planning and Administration Hours 320
Realisation of Assets
Investigations 0.50 Hours
Creditors 0.10
TOTAL 0.00 0.90
0.40 0.20
1.00 1.00
0.40
2.50

Particulars Units Amount
India 31.90 3,315.00
UK 3.50 1,450.00
Total 35.40 4,765.00

TORS' VOLUNTARY LIQUIDATION

E PERIOD FROM 22 MARCH 2022 TO 4 MAY 2022

ervisor Office Total Total Average
150 Assistant Hours Cost Rate p/h
(£'s)
Hours 100 13.30 1893.00 142
0.30 430
1.80 Hours 18.20 129.00 114
0.00 3.60 187
0.60 10.10 35.40 2070.00 135
0.10 0.00
2.50 673.00
16.60 4,765.00
2.70

29.40

Ketul Patel Ketul Patel
05 January 2022 07:34
From: Nimish Patel; Nisha Patel; Johnson Varughese; Celia Ferreira
Sent: Kalpa Karia; Jaya Samtani
To: Conflict Clearance - Huriya Care U.K Ltd – In Proposed Creditor’s Voluntary
Cc: Liquidation
Subject:

HURIYA CARE U.K LTD – IN PROPOSED CREDITOR’S VOLUNTARY LIQUIDATION

CONFLICT REVIEW FORM

PLEASE RESPOND WITHIN 24 HOURS

Re10 Restructuring and Advisory Limited has been approached by Huriya Care U.K Ltd to provide advice regarding its
financial affairs.

Please only respond if you believe there is, or has been, a professional involvement, other grounds for a conflict or
you have any other relevant concerns about this prospective appointment.

As part of the internal conflict review carried out by Re10 Restructuring and Advisory Limited and to comply with the
requirements of the partners’ licensing bodies, this enquiry is made to establish whether Re10 Restructuring and
Advisory Limited is carrying out, or during the previous three years has carried out any professional work for the below
mentioned company and directors.

This enquiry includes any relationship there may have been with any company or entity associated with this company
and any director, or shadow director of the Company.

Company Name: Huriya Care U.K Ltd

Company Number: 11869979

Registered Office: 7 Elmbridge Road, Cranleigh, GU6 8NP

Nature of Business: Other Residential Care Activities Not Elsewhere Classified

Shareholder: Samira Dief (100% Shareholder)

The directors of the company during the last three years was:

Name: Samira Dief (Active)

Address: 7 Elmbridge Road, Cranleigh, GU6 8NP

Name: Lindsey Ann Alexander (Resigned on 30 November 2021)

Address: 7 Elmbridge Road, Cranleigh, GU6 8NP

Name: Samira Dief (Resigned on 1 July 2021)

Address: 7 Elmbridge Road, Cranleigh, GU6 8NP

Name: Samira Dief (Resigned on 29 November 2019)

1

Address: 140 High Road Leytonstone, London, E15 1UA
Name: Tamaika Shada Dixon (Resigned on 13 March 2020)
Address: Freedom Works Metro House, Northgate, Chichester, PO19 1BJ
Name: Josephine Louise Frazer (Resigned on 4 May 2020)
Address: Freedom Works Metro House, Northgate, Chichester, PO19 1BJ
Name: Zeshan Khaliq (Resigned on 14 April 2021)
Address: Freedom Works Metro House, Northgate, Chichester, PO19 1BJ
Name: Virajbhai Patel (Resigned on 11 April 2019)
Address: 140 High Road Leytonstone, London, E15 1UA

Kind Regards,
Ketul Patel

Re10 Restructuring and Advisory Limited

58 Hugh Street | London | SW1V 4ER
Tel: 020 7355 6161 | Fax: 0207 828 0950
E-mail: [email protected] Web: www.re10.co.uk

Cyber Crime
Be aware of cyber fraud!! Should you receive an email purportedly from us stating that our bank details have changed, please do not transfer any funds
to that account. PLEASE CONTACT US BY TELEPHONE IMMEDIATELY!!

Nimish Patel is licensed as an insolvency practitioner in the UK by the Institute of Chartered Accountants in England and Wales. Re10 is a trading name
of Re10 Restructuring and Advisory Limited Reg No. 03564276. Registered Office 58 Hugh Street, London, SW1V 4ER

Partners, Directors and Consultants acting as administrators or administrative receivers contract as agents and without personal liability.

Disclaimer:
The information contained in this message is confidential and may also be privileged. It is intended only for the addressee named above. The
unauthorised use, disclosure, copying or alteration of this message is strictly prohibited. If you are not the addressee (or responsible for delivery of the
message to the addressee), please notify the originator immediately by return message. The originator does not guarantee the security of this message
and will not be responsible for any damages arising from the alteration of this message by a third party or as a result of any virus being passed on. Our
privacy notice which we are obliged to give you under the GDPR is available here

2



































RESTRUCTURE 58 Hugh Street
REACQUIRE London

RESHAPE SW1V 4ER
REFINANCE
RECREATE Tel: 020 7355 6161
Fax: 020 7828 0950
REVIVE Web: www.re10.co.uk
R E S O LV E
RESCUE

RENEW
RECOVERED

Miss Samira Dief
7 Elmbridge Road
Cranleigh
GU6 8NP

7 January 2022
Our ref: RT/KK/JV/2037/FP/111.04

Dear Miss Dief,
HURIYA CARE U.K LTD (the “Company”)

I refer to our meeting regarding the financial position of the Company, you have concluded

that the Company is insolvent and that steps should be taken to place the Company into
Creditors’ Voluntary Liquidation.

Directors’ Responsibilities

Where a Company becomes insolvent the directors need to consider their personal position
and where possible seek to limit their potential liability. We discussed the perils of wrongful
trading, preferences and transactions at undervalue at our meeting.

To limit your potential personal liability and to avoid the pitfalls referred to above I draw the
following points to your attention:

1. In the period up to the meetings of the shareholders and creditors you remain
responsible for the conduct of the affairs of the Company and you are under a duty to
preserve its assets and minimise its liabilities.

2. You must ensure that any action you take will not result in any creditors or members
being preferred or given an advantage, particularly connected parties.

3. Further credit must not be taken for any goods or services.

4. You should not accept delivery of goods and services ordered with the exception of
foods and services required for the realisation of assets, which must be paid for out of
money specifically allocated.

5. No assets should be disposed of, except to the extent necessary to meet essential costs
and expenses, and you should take care not to allow any of the Company’s creditors to

Nimish Patel is licensed as an insolvency practitioner in the UK by the Institute of Chartered Accountants in England and Wales
and is bound by their Insolvency Code of Ethics when carrying out all professional work relating to an insolvency appointment

Re10 Restructuring and Advisory Limited registered in England & Wales. Company registration number: 03564276
www.re10.co.uk/privacy-policy

111.04

obtain possession of assets pending investigation by a subsequently appointed
Liquidator.

6. You should not supply any goods or services on credit to existing or potential creditor.

7. Cash or cheques received by the Company should be handed over to us for payment
into a separate client’s account.

8. Any overdrawn bank account must not be used.

9. Adequate insurance cover must be maintained. Please advise us immediately if
insurance cover expires before the date of the meetings.

10. Company Credit cards should not be used by staff.

11. No payments should be made to existing creditors.

12. Goods should not be dispatched with carriers or hauliers who are owed money.

Liquidation process

Meeting of Board of Directors

The Liquidation process is started by the directors who pass a board resolution for the
Company to be wound up voluntarily and agree the date, time and venue of the required a
meeting of shareholders and the decision procedure for creditors.

Meeting of shareholders

A meeting of shareholders is then held pursuant to Section 84 of the Insolvency Act 1986.

The meeting considers a special resolution that the Company cannot, by reason of its
liabilities exceeding its assets, continue its business and that it is advisable to wind up. The
special resolution requires a majority of 75% of those present and voting in person or by
proxy.

The shareholders also nominate a Liquidator. This requires an ordinary resolution passed by a
simple majority of more than 50% of those present and voting.

Notice to Qualifying Floating Charge holder

Where there is a holder of a Qualifying Floating Charge, before a Company passes a
resolution for voluntary winding up, it must receive notice of 5 working days.

Decision Procedure for Creditors
The creditors are then given the opportunity to consider the appointment of an insolvency
practitioner either by deemed consent procedure or by holding a virtual meeting of creditors.
I have detailed below the procedure for both, however, in this instance it is considered
appropriate to do the latter and hold a virtual meeting.

111.04

Deemed Consent

Creditors will be sent a notice detailing the resolution to appoint myself and partners together
with a copy of the Statement of Affairs of the Company. The creditors will be advised of the
day on which the resolution will deemed to be passed (this will usually be the day of the
shareholders’ meeting). The notice must be delivered to creditors 3 business days before the
date the resolutions are deemed to be passed. Best practice determines that two weeks’ notice
is normally provided to creditors.

Virtual Meeting

This virtual meeting is usually held on the same day as the shareholders’ meeting. The
purpose of this virtual meeting is to nominate a Liquidator and form a liquidation committee.
If however a liquidation committee is not formed the creditors may also be asked to approve
resolutions relating to fees.

Directors often rely upon professional advisers when making the decision to wind up the
Company and the steps to be followed once the decision has been made. Whilst Re10
Restructuring and Advisory Limited will assist you with the necessary steps, you will
appreciate that you and your fellow directors are ultimately responsible.

Notice of the virtual meeting of creditors, together with the Statement of Affairs of the
Company, is delivered to creditors not less than three business days’ before the virtual
meeting is held. Best practice determines that two weeks’ notice is normally provided to
creditors. The notice of the creditors’ virtual meeting is advertised in the London Gazette
and, if thought necessary, in a local newspaper.

Creditor objections

In both instances, the creditors will be informed that they have the right to object to the
decision procedure. In the event that the threshold for objections is reached (10% in value,
10% in number or 10 creditors) it will be necessary for a physical meeting to be called. If no
objections re received, or the threshold is not reached, the decision procedure will proceed as
convened.

Physical Meeting

Once the criteria to call a physical meeting has been met then a physical meeting of creditors
needs to be held within 14 days. The notice calling the physical meeting must be delivered at
least 3 business days before a meeting may be held. The notice of the creditors’ meeting is
advertised in the London Gazette and, if thought necessary, in a local newspaper.

Action to be taken between the calling of meetings and the appointment of a Liquidator

Once the decision has been made to wind up the Company it would normally cease to trade.
The directors retain their powers of management and have certain statutory obligations.
These obligations include the preparation of a Statement of Affairs, which must be signed as
a statement of truth by some, or all, of the directors and delivered to creditors at least one
business day prior to the decision procedure. The statement is also lodged at Companies
House. The directors will be requested to provide information on the Company’s history and

111.04

trading, including reasons for the deficiency shown on the Statement of Affairs. This
information must be available to creditors prior to the decision date. Directors Pre-
Liquidation Questionnaire and List of Inventory of Accounting Records.

The enclosed Directors’ pre-liquidation questionnaire details the information required to
place the Company into Creditors’ Voluntary Liquidation.

You are requested to complete the pre-liquidation questionnaire and submit it to me as soon
as possible and also provide a list of accounting records which you hold. A general list of
accounting records is also enclosed to act as a reminder what records you may hold.

Restrictions on the re-use of Company names

As director of the Company entering Creditors’ Voluntary Liquidation, your attention is
drawn to Section 216 and 217 of the Insolvency Act 1986, copies of which have been
enclosed with this letter. These sections deal with the use of prohibited names and the
personal liability for trading whilst using a prohibited name. Please ensure that you
understand these and please do not hesitate to ask should you require clarification in this
regard.

You will appreciate that there are other statutory and practical steps that need to be taken to
place the Company into Liquidation. Only the main requirements have been listed above. I
hope this letter is sufficient for your purposes and look forward to speaking to you soon.

Data Protection

Re10 Restructuring and Advisory Limited and the proposed office holder(s) is a Data
Controller within the meaning of data protection legislation and any data received in this
regard, will be only be processed for the purpose of preventing money laundering or terrorist
financing, or as permitted under current Regulations.

Information about the way that we will use, and store, personal data in relation to insolvency
appointments can be found at https://www.re10.co.uk/legal-notices in the Privacy Policy
section. If you are unable to download this, please contact my office and a hard copy will be
provided to you free of charge.

Anti-Money Laundering legislation

We are required to comply with current Anti Money Laundering legislation. It’s our duty to
follow the procedures to identify and verify the names and addresses of the Directors / major
shareholders.

In fulfilling our obligations under the above regulations, we may use electronic data sources
to complete the required verification of identity and, where relevant, to complete politically
exposed persons and sanctions checks. The returned signed letter of engagement confirmed
the relevant individuals had been advised of this requirement and provided their informed
consent.

111.04

Liquidator’s duties

It is the duty of the Liquidator to report on the conduct of the Company’s officers, in
pursuance of the Company Directors Disqualification Act 1986 (“CDDA”). Any adverse
report could result in any, all, or a number of the Company’s officers being disqualified from
acting as a director of a Company for a period of two to fifteen years, depending on the
severity of the unfit conduct. A breach of a disqualification order can result in criminal
proceedings, leading to a fine or imprisonment (or both). The Secretary of State may also
then apply for a compensation order to be made against a disqualified director where the
misconduct has caused identifiable loss to creditors.

The Liquidator must take into consideration breaches of the Insolvency Act 1986 (as
amended), the Company’s Act 2006 (as amended) and any other relevant legislation. With
regards to the Insolvency Act 1986, the Liquidator must consider, inter alia:

 Fraud and fraudulent trading
 Falsification of books and records
 Misfeasance – breaches of fiduciary duties
 Wrongful trading
 Preference payments
 Transactions at an undervalue
 Extortionate credit transactions
 Level of co-operation with the Liquidator

Please note that defending proceedings under the CDDA can be very costly and officers who
are unsuccessful in defending an action may become liable for the costs of BEIS.

Liquidation may give rise to the crystallisation of any personal guarantees or surety that has
been provided. If requested, we will discuss with you any potential personal liability,
however it must be stressed that we are instructed to act in relation to the Company and in
order to avoid any potential conflict of interest we may recommend that you seek separate
independent professional advice as to your personal position.

In certain circumstances, the Social Security Act 1998 enables the Secretary of State to serve
a personal liability notice on officers of a Company which has accrued liabilities to National
Insurance Contributions and where it appears to them that the failure is due to the fraud or
neglect of the officer. The notice will require the officer to pay the outstanding sum himself
with interest. It is possible to appeal and the burden of proof lies with the Secretary of State
to show it was correct in issuing the Notice. Again. should this occur, we strongly
recommend that directors seek independent professional advice.

Should you have any queries, please contact Johnson Varughese at this office.

Yours sincerely,

Nimish Patel
Insolvency Practitioner

111.04



SECTION 216 INSOLVENCY ACT 1986

(1) This section applies to a person where a Company (“the Liquidating Company”) has
gone into insolvent liquidation on or after the appointed day and he was a director or
shadow director of the Company at any time in the period of 12 months ending with the
day before it went into liquidation.

(2) For the purposes of this section, a name is a prohibited name in relation to such a
person if—

(a) it is a name by which the liquidating company was known at any time in that
period of 12 months, or

(b) it is a name which is so similar to a name falling within paragraph (a) as to
suggest an association with that Company.

(3) Except with permission of the court or in such circumstances as may be prescribed, a
person to whom this section applies shall not at any time in the period of 5 years
beginning with the day on which the liquidating company went into liquidation—

(a) be a director of any other company that is known by a prohibited name, or

(b) in any way, whether directly or indirectly, be concerned or take part in the
promotion, formation or management of any such company, or

(c) in any way, whether directly or indirectly, be concerned or take part in the
carrying on of a business carried on (otherwise than by a company) under a
prohibited name.

(4) If a person acts in contravention of this section, he is liable to imprisonment or a fine,
or both.

(5) In subsection (3) “the court” means any court having jurisdiction to wind up
companies; and on an application for permission under that subsection, the Secretary of
State or the official receiver may appear and call the attention of the court to any
matters which seem to him to be relevant.

(6) References in this section, in relation to any time, to a name by which a company is
known are to the name of the company at that time or to any name under which the
company carries on business at that time.

(7) For the purposes of this section a company goes into insolvent liquidation if it goes into
liquidation at a time when its assets are insufficient for the payment of its debts and
other liabilities and the expenses of the winding up.

(8) In this section “company” includes a company which may be wound up under Part V of
this Act.

111.04

SECTION 217 INSOLVENCY ACT 1986

(1) A person is personally responsible for all the relevant debts of a company if at any
time—

(a) in contravention of section 216, he is involved in the management of the
company, or

(b) as a person who is involved in the management of the company, he acts or is
willing to act on instructions given (without the permission of the court) by a
person whom he knows at that time to be in contravention in relation to the
company of section 216.

(2) Where a person is personally responsible under this section for the relevant debts of a
company, he is jointly and severally liable in respect of those debts with the company
and any other person who, whether under this section or otherwise, is so liable.

(3) For the purposes of this section the relevant debts of a company are—

(a) in relation to a person who is personally responsible under paragraph (a) of
subsection (1), such debts and other liabilities of the company as are incurred at
a time when that person was involved in the management of the company, and

(b) in relation to a person who is personally responsible under paragraph (b) of that
subsection, such debts and other liabilities of the company as are incurred at a
time when that person was acting or was willing to act on instructions given as
mentioned in that paragraph.

(4) For the purposes of this section, a person is involved in the management of a company
if he is a director of the company or if he is concerned, whether directly or indirectly, or
takes part, in the management of the company.

(5) For the purposes of this section a person who, as a person involved in the management
of a company, has at any time acted on instructions given (without the permission of
the court) by a person whom he knew at that time to be in contravention in relation to
the company of section 216 is presumed, unless the contrary is shown, to have been
willing at any time thereafter to act on any instructions given by that person.

(6) In this section “company” includes a company which may be wound up under Part V.

111.04

INSOLVENCY RULES 2016

PART 22 PERMISSION TO ACT AS DIRECTOR ETC. OF COMPANY WITH A
PROHIBITED NAME (SECTION 216)

[Note: a document required by the Act or these Rules must also contain the standard contents
set out in Part 1.]

Preliminary
22.1. (1) The rules in this Part—

(a) relate to permission required under section 216 (restriction on re-use of name of
company in insolvent liquidation) for a person to act as mentioned in section 216(3) in
relation to a company with a prohibited name;

(b) prescribe the cases excepted from that provision, that is to say, in which a person to
whom the section applies may so act without that permission; and

(c) apply to all windings up to which section 216 applies.

Application for permission under section 216(3)
22.2. (1) At least 14 days’ notice of any application for permission to act in any of the
circumstances which would otherwise be prohibited by section 216(3) must be given by the
applicant to the Secretary of State, who may

(a) appear at the hearing of the application; and

(b) whether or not appearing at the hearing, make representations.

Power of court to call for Liquidator’s report

22.3. When considering an application for permission under section 216, the court may call
on the Liquidator, or any former Liquidator, of the liquidating company for a report of the
circumstances in which the company became insolvent and the extent (if any) of the
applicant’s apparent responsibility for its doing so.

First excepted case

22.4. (1) This rule applies where

(a) a person (“the person”) was within the period mentioned in section 216(1) a director, or
shadow director, of an insolvent company that has gone into insolvent liquidation; and

(b) the person acts in all or any of the ways specified in section 216(3) in connection with, or
for the purposes of, the carrying on (or proposed carrying on) of the whole or
substantially the whole of the business of the insolvent company where that business (or
substantially the whole of it) is (or is to be) acquired from the insolvent company under
arrangements

(i) made by its Liquidator, or
(ii) made before the insolvent company entered into insolvent liquidation by an

officeholder acting in relation to it as administrator, administrative receiver or
supervisor of a CVA.

111.04

(2) The person will not be taken to have contravened section 216 if prior to that person acting
in the circumstances set out in paragraph (1) a notice is, in accordance with the requirements
of paragraph (3),

(a) given by the person, to every creditor of the insolvent company whose name and
address—

(i) is known by that person, or
(ii) is ascertainable by that person on the making of such enquiries as are

reasonable in the circumstances; and
(b) published in the Gazette.
(3) The notice referred to in paragraph (2)—

(a) may be given and published before the completion of the arrangements referred to in
paragraph (1)(b) but must be given and published no later than 28 days after their
completion;

(b) must contain—

(i) identification details for the company,
(ii) the name and address of the person,
(iii) a statement that it is the person’s intention to act (or, where the insolvent

company has not entered insolvent liquidation, to act or continue to act) in all
or any of the ways specified in section 216(3) in connection with, or for the
purposes of, the carrying on of the whole or substantially the whole of the
business of the insolvent company,
(iv) the prohibited name or, where the company has not entered into insolvent
liquidation, the name under which the business is being, or is to be, carried on
which would be a prohibited name in respect of the person in the event of the
insolvent company entering insolvent liquidation,
(v) a statement that the person would not otherwise be permitted to undertake
those activities without the leave of the court or the application of an exception
created by Rules made under the Insolvency Act 1986,
(vi) a statement that breach of the prohibition created by section 216 is a criminal
offence, and
(vii) a statement as set out in rule 22.5 of the effect of issuing the notice under rule
22.4(2);

(c) where the company is in administration, has an administrative receiver appointed or is
subject to a CVA,

(i) the date that the company entered administration, had an administrative
receiver appointed or a CVA approved (whichever is the earliest), and

(ii) a statement that the person was a director of the company on that date; and

(d) where the company is in insolvent liquidation,

(i) the date that the company entered insolvent liquidation, and
(ii) a statement that the person was a director of the company during the 12

months ending with that date.

111.04

(4) Notice may in particular be given under this rule

(a) prior to the insolvent company entering insolvent liquidation where the business (or
substantially the whole of the business) is, or is to be, acquired by another company
under arrangements made by an office-holder acting in relation to the insolvent company
as administrator, administrative receiver or supervisor of a CVA (whether or not at the
time of the giving of the notice the person is a director of that other company); or

(b) at a time when the person is a director of another company where

(i) the other company has acquired, or is to acquire, the whole, or substantially
the whole, of the business of the insolvent company under arrangements made
by its Liquidator, and

(ii) it is proposed that after the giving of the notice a prohibited name should be
adopted by the other company.

(5) Notice may not be given under this rule by a person who has already acted in breach of
section 216.

Statement as to the effect of the notice under rule 22.4(2)

22.5. The statement as to the effect of the notice under rule 22.4(2) must be as set out below

“Section 216(3) of the Insolvency Act 1986 lists the activities that a director of a company
that has gone into insolvent liquidation may not undertake unless the court gives permission
or there is an exception in the Insolvency Rules made under the Insolvency Act 1986. (This
includes the exceptions in Part 22 of the Insolvency (England and Wales) Rules 2016.) These
activities are

(a) acting as a director of another company that is known by a name which is either the same
as a name used by the company in insolvent liquidation in the 12 months before it
entered liquidation or is so similar as to suggest an association with that company;

(b) directly or indirectly being concerned or taking part in the promotion, formation or
management of any such company; or

(c) directly or indirectly being concerned in the carrying on of a business otherwise than
through a company under a name of the kind mentioned in (a) above.

This notice is given under rule 22.4 of the Insolvency (England and Wales) Rules 2016 where
the business of a company which is in, or may go into, insolvent liquidation is, or is to be,
carried on otherwise than by the company in liquidation with the involvement of a director of
that company and under the same or a similar name to that of that company.

The purpose of giving this notice is to permit the director to act in these circumstances where
the company enters (or has entered) insolvent liquidation without the director committing a
criminal offence and in the case of the carrying on of the business through another company,
being personally liable for that company’s debts.

Notice may be given where the person giving the notice is already the director of a company
which proposes to adopt a prohibited name.”

111.04

Second excepted case
22.6. (1) Where a person to whom section 216 applies as having been a director or shadow
director of the liquidating company applies for permission of the court under that section not
later than seven business days from the date on which the company went into liquidation, the
person may, during the period specified in paragraph (2) below, act in any of the ways
mentioned in section 216(3), notwithstanding that the person does not have the permission of
the court under that section.
(2) The period referred to in paragraph (1) begins with the day on which the company goes
into liquidation and ends either on the day falling six weeks after that date or on the day on
which the court disposes of the application for permission under section 216, whichever of
those days occurs first.
Third excepted case
22.7. The court’s permission under section 216(3) is not required where the company there
referred to though known by a prohibited name within the meaning of the section
(a) has been known by that name for the whole of the period of 12 months ending with the

day before the liquidating company went into liquidation; and
(b) has not at any time in those 12 months been dormant within the meaning of section

1169(1), (2) and (3)(a) of the Companies Act(a).

111.04

Creditors Voluntary Liquidation – List of records

Locate and collect the following which Authority File Ref Signature Reason

should be kept at firm unless trading is and Date (only if records are not

being carried out at the premises: provided)

NON ACCOUNTING RECORDS:

Memorandum of Association
Articles of Association
Certificate of Incorporation
Company seal
Statutory books
Minute book
Members register
Share Capital details
Shareholding pattern
Company letterhead
Computer disk
Accident book
Keys (Clearly labelled)

ACCOUNTING RECORDS:

Sales day book
Sales ledger
Sales invoices and delivery notes
Outstanding customer orders
Debtor statements
Purchase day book
Purchase ledger
Purchase invoices
Creditor statements
Purchase records for known reservation
of title creditors
Terms & conditions of purchase and sale
Nominal ledger
Cash book
Petty cash vouchers
Bank statements
Cheque & Paying-in books
Employee records
Payroll records
Wage records
VAT records
PAYE records
Corporation Tax records
Pension records

111.04

Lease and Hire purchase records
Lease/Deeds to property
Vehicle registration documents
Insurance records
Copy charges, Mortgages, Guarantees
etc.
Audited & Management accounts

CORRESPONDENCE RECORDS

Correspondence with auditors
Correspondence with solicitors
Correspondence files

* Please ensure that all records have the name of the company clearly shown.

Signed: _______________________________
Director

Date _______________________________

111.04

RESTRUCTURE 58 Hugh Street
REACQUIRE London

RESHAPE SW1V 4ER
REFINANCE
RECREATE Tel: 020 7355 6161
Fax: 020 7828 0950
REVIVE Web: www.re10.co.uk
R E S O LV E
RESCUE

RENEW
RECOVERED

The Board of Directors
Huriya Care U.K Ltd
7 Elmbridge Road
Cranleigh
GU6 8NP

7 January 2022
Our ref: RT/2037/FP/111.05

Dear Sirs,

HURIYA CARE U.K LTD (“the Company”)
PROPOSED LIQUIDATION OF COMPANY

Following our recent meeting regarding the financial position of the Company, you have

concluded that the Company is insolvent and that steps should be taken to place the Company
into Creditors’ Voluntary Liquidation.

This letter, referred to herein as the (“the Engagement Letter”), sets out the services that Re10
Restructuring and Advisory Limited will provide to you and the terms and conditions upon
which such services will be provided. Various other terms are defined in this letter and its
Appendices.

For the avoidance of doubt references to ‘we’ or ‘us’ refer to Re10 Restructuring and Advisory
Limited, references to ‘you’ refer to Huriya Care U.K Ltd.

The options discussed at our initial meeting and the rationale for the proposed Creditors’
Voluntary Liquidation are detailed in the attached summary at Appendix 4.

In particular, this letter together with its appendices sets out:

- Our services and the nature of the work which will be undertaken on behalf of the
Company;

- The formalities for putting the Company into Liquidation, your duties and obligations;
- Our charges and the team in charge of the case;
- Our General Terms of Business; and
- An outline of the CVL procedure

Nimish Patel is licensed as an insolvency practitioner in the UK by the Institute of Chartered Accountants in England and Wales
and is bound by their Insolvency Code of Ethics when carrying out all professional work relating to an insolvency appointment

Re10 Restructuring and Advisory Limited registered in England & Wales. Company registration number: 03564276
www.re10.co.uk/privacy-policy
111.05

1 OUR SERVICES

The services set out in Appendix 1 are described in this letter as Services. Any work carried out
by us on or after 7 January 2022 and prior to this letter in connection with the proposed financial
review shall be regarded as forming part of the Services. The Services shall be subject to the
terms of this letter and its Appendices.

We draw your attention to the general limitations of the scope of the Services, set out in
Appendix 1.

2 TIMETABLE

We will assist you to comply with the formalities for putting the Company into Liquidation and
preparing all the documentation needed for the meeting of members and the decision procedure
for the nomination of a Liquidator by the creditors.

Our ability to meet the agreed timetable will be dependent upon your full co-operation, and upon
our receiving without undue delay timely and accurate disclosure of all information that may be
needed.

We may also need access to your accountants, other professional advisors and your senior
management team which you shall authorise. We shall inform you if we are unable to obtain the
information that is needed, and of any consequent changes in the timetable.

What is required from you?

Please note that a report to creditors along with the Statement of Affairs needs to be sent out
together with the notices of decision procedure. We have detailed the process of placing the
Company into Liquidation in Appendix 5.

3 ENGAGEMENT TEAM

The Engagement Team shall be led by Nimish Patel and the day-to-day management shall be the
responsibility of Johnson Varughese.

Qualification to act

We can confirm that Nimish Patel is a licensed Insolvency Practitioner authorised to act by the
Institute of Chartered Accountants in England and Wales and is bound by their Code of Ethics,
as such to act as a Liquidator of the Company. We have considered that Re10 Restructuring and
Advisory Limited has the expertise and resources available for dealing with this matter.

We considered the Guide of Professional Conduct and Ethics in relation to accepting your
instruction and we are satisfied that there is no professional conflict of interest that might have
prevented Nimish Patel or any other Insolvency Practitioner within the firm acting as Liquidator.

4 OUR CHARGES

You shall be responsible for the payment of our charges, which are based upon the degree of
responsibility and skill of our staff and the time necessarily occupied. Details of the calculation
and payment of our charges are set out in Appendix 2. We shall inform you of any changes to
our estimates given in Appendix 2.

Re10 Restructuring and Advisory Limited employs staff in both the UK and India. On
appointment the office holder reserves the right to use staff in either jurisdiction, as appropriate,
based on the complexity of the matter and to ensure the most time and cost-efficient service is
provided.

5 COMPLAINTS

Every endeavour will be made to try to resolve any issues that may arise. However, if any matter
is not dealt with to your satisfaction your complaint should be made to the Insolvency
Complaints Gateway by visiting their website mailto:https://www.gov.uk/complain-about-
insolvency-practitioner and completing and submitting their online form. Alternatively, you can
print the form from their website and send it by post to The Insolvency Service, IP Complaints,
3rd Floor, 1 City Walk, Leeds, LS11 9DA or contact them by telephone on 0300 678 0015
(Monday to Friday 9am – 5pm).

A copy of our complaints policy can be found at https://www.re10.co.uk/complaints-policy-and-
procedure. A hard-copy is available free of charge upon request.

6 GENERAL TERMS OF BUSINESS

We accept this engagement on the basis that our General Terms of Business, which are set out in
Appendix 3, apply to the delivery of the Services and will govern our relationship with you
except where, changed below. This letter is the Engagement Letter mentioned in the General
Terms of Business; please read these terms carefully. There are various exclusions and
limitations on our liability and associated obligations placed on you.

Should any of the terms included in the General Terms of Business conflict with any of the other
Engagement Terms set out or referred to herein, the later will prevail.

7 LIMITATION OF LIABILITY

Our liability in connection with this engagement shall be limited, on the basis set out in our
"General Terms of Business” in Appendix 3, to a maximum of a third of our fees and, subject to
that cap, to the part of any loss suffered which is proportional to our responsibility. In this case
our liability will be restricted to £2,166.67.

8 PROCEEDS OF CRIME ACT 2002 AND MONEY LAUNDERING REGULATIONS

As with other professional services firms, we are required to identify our clients for the purposes
of the UK anti-money laundering legislation. We are likely to request from you, and retain, some
information and documentation for these purposes and/or to make searches of appropriate
databases. If we are not able to obtain satisfactory evidence of your identity within a reasonable
time, there may be circumstances in which we are not able to proceed with the appointment.

In fulfilling our obligations under the above regulations, we may use electronic data sources to
complete your required verification of identity, and where relevant to complete politically
exposed persons and sanctions checks. By signing and returning this engagement letter, we will
consider you to have provided the informed consent (i.e. permission) of the relevant individuals
prior to these checks being performed. Such informed consent will include the access, use and
storage of any identity verification checks made against the individual(s) and/or any other
obligation required by law for these purposes.

The provision of many of the services we provide means that we are a business in the regulated
sector under the Proceeds of Crime Act. As such, the partners and staff have to comply with this
legislation which includes provisions that may require us to make a money laundering disclosure
to the National Crime Agency in relation to information we obtain as part of our normal work. It
is not our practice to inform you when, or if, such a disclosure is made or the reasons for it
because of the restrictions imposed by the ‘tipping off’ provisions in the legislation.

This engagement letter is issued subject to completion of our procedures for taking on new
clients including compliance with all current money laundering legislation. Our engagement is
not effective, and we will not be able to commence work, until these procedures have been
completed.

9 PRIVACY AND DATA PROTECTION

Re10 Restructuring and Advisory Limited and the proposed office holder is the Data Controller
within the meaning of data protection legislation.

As part of our role, we may need to access and use data relating to individuals. In doing so, we
must abide by data protection requirements. Information about the way that we will use and store
personal data in relation to insolvency appointments can be found at www.re10.co.uk/privacy-
policy. If you are unable to download this, please contact my office and a hard copy will be
provided to you free of charge.

We would also ask that you provide details about the extent of personal data held by the
Company e.g., employee records, etc. and inform us of any current, or recent historical, breaches
under data protection legislation that you are aware have been reported to the Information
Commissioners’ Office against the Company. We will also require details about the extent of
personal data held by the Company and how this is to be dealt with.


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