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(1) Ifâ(a) a person purports to appoint an administrator under section 541; and(b) the appointment is discovered to be invalid, any person who appears to the Court to have a legitimate interest in the matter may apply to the Court for an order under subsection (2).(2) On the hearing of an application made under subsection (1), the Court may order the person who purported to make the appointment to indemnify the person appointed against liability that is solely attributable to the appointment's invalidity.
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(1) If an application for administration in respect of a companyâ (a) is made by the holder of a qualifying floating charge in respect of the company's property; and (b) includes a statement that...
Ifâ (a) an application for administration in respect of a company is made by a person who is not the holder of a qualifying floating charge in respect of the company's property; and (b) the holder...
(1) If the holder of a qualifying floating charge in respect of a company's property could appoint an administrator under section 534 but for section 528(1)(b), that holder may nevertheless make an...
(1) The liquidator of a company may make an application to the Court for an administration order under subsection (2). (2) If the Court makes an administration order on the hearing of an application...
(1) On the making of an administration order in respect of a companyâ (a) an application for the liquidation of the company may not be made; and (b) any application for the liquidation of the...
(1) While a company is under administrationâ (a) a resolution for the liquidation of the company may not be made; and (b) the Court may not make an order for the liquidation of the...
(1) While a company is under administrationâ (a) a person may take steps to enforce a security over the company's property only with the consent of the administrator or with the approval of the...
(1) When considering whether to grant its approval under section 560, the court or the administrator may in particular take into consideration where appropriateâ (a) the statutory purpose of the...
(1) This section applies if an application for administration in respect of a company has been made and â (a) the application has not yet been granted or dismissed; or (b) the application has...
(1) While a company is under administration, the administrator shall ensure that all business documents issued by or on behalf of the company or the administrator, and all the company's websites,...
(1) As soon as practicable after becoming administrator of a company, the administrator shall comply with subsection (2) and (3). (2) The administrator shallâ (a) send a notice of the...
(1) As soon as practicable after becoming administrator of a company, the administrator shall give notice requiring one or more relevant persons to provide the administrator with a statement of the...
(1) The deadline for submitting a statement of financial position is the end of twelve days from and including the day on which the relevant person receives notice of the requirement. (2) The...
(1) The administrator of a company shall make a statement setting out proposals for achieving the purpose of administration. (2) The administrator shall ensure that the proposalsâ (a) deal with such...
The person presiding at a creditors' meeting shall ensure that it is conducted in the manner prescribed by the insolvency regulations.
(1) The administrator shall ensure that each copy of the administrator's statement of proposals sent to a creditor in accordance with section 566(4)(b) is accompanied by an invitation to an initial...
(1) Section 568(1) does not apply if the statement of proposals states that the administrator believesâ (a) that the company has sufficient property to enable each creditor of the company to be...
(1) An initial creditors' meeting to which an administrator's proposals are presented shall consider them and mayâ (a) approve them without modification; or (b) approve them with modifications to...
(1) This section applies ifâ (a) an administrator's proposals have been approved (with or without modification) at an initial creditors' meeting; (b) the administrator proposes a revision to the...
(1) This section applies if an administrator reports to the Court thatâ (a) an initial creditors' meeting has failed to approve the administrator's proposals presented to it; or (b) a creditors'...
(1) The administrator of a company shall convene a creditors' meeting ifâ (a) in the manner prescribed by the insolvency regulations, it is requested by creditors of the company holding debts...
(1) A creditors' meeting may establish a creditors' committee. (2) A creditors' committee shall perform the functions conferred on it by or under this Act. (3) A creditors' committee may require the...
(1) Any matter or decision that is required or permitted by or under this Part to be dealt with or made at a creditors' meeting may be dealt with or made by correspondence between the administrator...
The administrator of a company has the functions and powers specified in the Fourth Schedule.
The administrator of a companyâ (a) may remove a director of the company from office; and (b) may appoint a person to be director of the company (whether or not to fill a vacancy).
The administrator of a company may convene a meeting of members or creditors of the company.
(1) On the application of the administrator of a company, the Court may give directions with respect to the performance and exercise of the administrator's functions and powers and the conduct of the...
(1) The administrator of a company may take any action that contributes to, or is likely to contribute to, the effective and efficient management of the affairs and property of the company. (2) A...
(1) A company under administration, or an officer of a company under administration, shall not perform or exercise a management function without the consent of the administrator. (2) For the purpose...
(1) The administrator of a company may make a distribution to creditors of the company. (2) Section 471 and the Second Schedule apply in relation to a distribution under this section as they apply in...
The administrator of a company may make a payment otherwise than in accordance with section 582 or paragraph 13 of the Fourth Schedule if the administrator believes it likely to assist achievement of...
Immediately on being appointed as administrator of a company, the administrator shall assume control of all the property to which the administrator believes the company is entitled.
(1) Subject to subsection (2), the administrator of a company shall manage its affairs and property in accordance withâ (a) any proposals approved under section 570; (b) any revision of those...
In performing and exercising the administrator's functions and powers under this Part, the administrator of a company acts as its agent.
(1) The administrator of a company may dispose of, or take action relating to, property that is subject to a floating charge as if it were not subject to the charge. (2) If property is disposed of in...
(1) On the application of the administrator of a company, the Court may make an order enabling the administrator to dispose of property that is subject to a security as if it were not subject to the...
(1) The Court may make an order authorising the administrator of a company to dispose of goods that are in the possession of the company under a credit purchase transaction as if all the rights of the...
(1) An administrator's statement of proposals under section 566 may not include action thatâ (a) affects the right of a secured creditor of the company to enforce the creditor's security; (b) would...
(1) A creditor or member of a company under administration may apply to the Court claimingâ (a) that the administrator is acting or has acted so as to detrimentally affect the interests of the...
(1) The Court may examine the conduct of a person whoâ (a) is or purports to be the administrator of a company; or (b) has been, or has purported to be, the administrator of a company. (2) An...
The appointment of an administrator automatically ends at the end of twelve months from and including the date on which it took effect.
(1) Despite section 593â (a) on the application of an administrator, the Court may by order extend the administrator's term of office for a specified period; and (b) an administrator's term of...
(1) The administrator of a company shall make an application to the Court for an order terminating the administrator's appointmentâ (a) on forming the belief thatâ (i) the objective of the...
(1) This section applies to an administrator of a company who is appointed under section 534 or 541. (2) If the administrator believes that the purpose of administration has been sufficiently...
(1) A creditor of a company that is under administration may make an application to the Court for an order terminating the appointment of an administrator of the company. (2) An application under...
(1) If a liquidation order is made for the liquidation of a company under administration on an application made under section 425, the Court shall make an orderâ (a) terminating the appointment of...
(1) This section applies if the administrator of a company believesâ (a) that the total amount that each secured creditor of the company is likely to receive has been paid to the creditor or set...
(1) On forming the belief that a company that is under administration has no property that might allow a distribution to its creditors, the administrator shall lodge with the Registrar a notice to...
The Court shall discharge an administration order ifâ (a) it has made an order under this Part terminating an administrator's appointment; and (b) the administrator was appointed by the Court.
(1) Within fourteen days after the Court has made an order under this Part terminating the appointment of an administrator, the administrator shall lodge a copy of the order with the Registrar for...