Guidance for creditors of the companies that have entered liquidation is set out below. Please refer to Carillion Group home page to see a list of Carillion companies and the relevant appointment date for claims.
On 15 January 2018, Carillion Plc and a number of its subsidiaries were placed into liquidation with the Official Receiver appointed as Liquidator. David Kelly and certain partners from PwC UK LLP were appointed as Special Managers of Carillion Plc and its key trading subsidiaries by the High Court of Justice to support the Official Receiver and to help manage the affairs, business and property of the Carillion Group.
Whilst CSA is part of the Carillion Group, it has not entered an insolvency process. The Special Managers understand that a number of creditors have filed claims with the Saudi Court but as yet, no one has taken steps to wind up CSA. A number of former employees also have claims against CSA which they have been unable to progress. Unfortunately, without managers controlling the company locally, these creditors have been unable to advance their claims against the company. As Special Managers of the ultimate shareholder, we have been working with local advisors and lawyers to understand what we could do to facilitate CSA entering a formal process which would allow the former employees and creditors to lodge their claims.
The issue the Special Managers of Carillion Plc face as ultimate shareholders of CSA is the complete lack of books and records for the company, which are needed to meet the conditions laid down by Saudi law to allow CSA to make an application to the Saudi Courts to have a liquidator appointed. Unfortunately, as shareholders, we have no authority to engage with the company's bank, debtors or creditors to allow an assessment of its current financial position and whether there would be sufficient assets to fund the liquidation and / or pay a dividend to creditors after the costs of the process had been met. It would of course be possible for a creditor to make an application under Schedule 2 of the Saudi Insolvency Laws if certain conditions were met, however, to date, no creditor has been prepared to make such an application.
The Special Managers, as ultimate shareholders of CSA, have currently exhausted all their efforts to facilitate a liquidation of the Saudi entity. If you know of or are aware of any creditors who have sufficient documentation to evidence their claims to the Saudi Courts and who may be willing to work with the Special Managers of Carillion Plc in making an application to the Courts for the liquidation of CSA, please contact firstname.lastname@example.org.
The key to such an application is having documents that the Court will accept. For the avoidance of doubt, set out below is a list of the documentation a Saudi Court would expect to see in any application to appoint a liquidator:
Application filed by a Creditor
1. proof that the debt is due, payable, of specified amount and reason, and proof of relevant securities, if any;
2. the amount of debt or total amount of the applicant’s debts, provided that such amount is not less than the amount specified by the Bankruptcy Commission (currently 50,000 Saudi Riyals)
3. proof that the debt is due and payable by virtue of an execution of deed or an ordinary document; and
4. proof that the creditor has requested repayment from the debtor twenty-eight (28) days prior to the date of filing the application, but the debtor failed to repay or dispute the debt.
Alternatively, if you are aware of the location of CSA's books and records which are needed to facilitate any attempt to place the company into an insolvency process, please let email@example.com know.
Please note that CSA does not fall under the UK insolvency of the Carillion Group and as such, any creditors of CSA cannot form part of the liabilities of those UK entities.
Pre-liquidation claims (only claims relating to the period prior to the liquidation date can be made)
Carillion Plc and all other companies in Liquidation
You will need to register as a creditor in the liquidation if:
you haven’t been paid for goods or services you’ve supplied to the Carillion companies in liquidation shown in the table above;
you have paid these companies for goods or services that you haven’t received.
Your claim should be made using the Proof of Debt form which can be accessed here.
Claims should be submitted to the Official Receiver as follows:
Post: Carillion Liquidator, 16 Floor, 1 Westfield Avenue, Stratford, London, E20 1HZ
Please click here for further guidance, issued by The Insolvency Service.
Private Placement Notes
The following guidance is for holders of Private Placement Notes. Click here for details of the relevant documentation that will be required to be submitted when registering a claim as a creditor of Carillion plc.
All other queries
For any other enquiries regarding outstanding payments after the date of liquidation of the Carillion companies, in the first instance, please speak to your usual contact at the Companies. Matters requiring the specific attention of the Special Managers can be sent to:
Central Government: firstname.lastname@example.org
Corporate & Regions: email@example.com
Building & construction: firstname.lastname@example.org