Getting the form wrong when converting from administration to voluntary liquidation

Getting the form wrong when converting from administration to voluntary liquidation
What happens if the notice to convert an administration into a voluntary liquidation (lodged during the period of administration) is rejected by the Registrar of Companies after the period of administration has expired? When does the period of administration expire? These were the issues in Re Property Professionals + Ltd

 [2013] EWHC 1903 (Ch), [2013] All ER (D) 110 (Jul).

What happened in the case?

The facts of the case are nothing unusual. In summary, the following happened:

  1. Property Professionals + Limited (the company) entered administration on 3 February 2010, where Mr Johnston and Mr Biddlecombe were appointed joint administrators of the company. The notice of appointment was timed at 2:13pm on 3 February 2010
  2. In 31 January 2011, the joint administrators sent to the Registrar of Companies Form 2.34B in order to move the company from administration to creditors' voluntary liquidation, pursuant to IA 1986, Sch B1, para 83 and to appoint themselves as joint liquidators•
  3. The Form 2.34B was received by the Registrar of Companies on 3 February 2011, by no later than 9:30am. That form was rejected by the Registrar of Companies on 8 February 2011 on the basis that the liquidators' addresses had not been included in the second part of the form. As the same individuals had been administrators, their names and addresses appeared in the first part of the form
  4. On 15 February 2011, Form 2.34B was sent back to the Registrar of Companies with the addresses of the liquidators completed in the second part of the form. This was received by the Registrar of Companies on 18 February 2013, no later than 9:30am, and was registered by him on 22 February 2011
  5. On 30 January 2013, at a meeting of creditors of the company (convened by Mr Johnston and Mr Biddlecombe as joint liquidators) the creditors resolved to appoint Mr Windatt and Mr Limb as joint liquidators of the company in place of Mr Johnston and Mr Biddlecombe

What issues did the court consider?

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