Administration—the process post appointment
Administration—the process post appointment

The following Restructuring & Insolvency guidance note provides comprehensive and up to date legal information covering:

  • Administration—the process post appointment
  • Statement of Affairs
  • Administrator's proposals

This Practice Note addresses what happens in practice after the administrator has come into office, how he is appointed, and what statutory tasks the administrator has to undertake under the Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) in their role as administrator.

There are a number of notice requirements the administrator must undertake immediately upon appointment. The notice requirements depend on the route to appointment, further detail can be found in Practice Notes: Out-of-court administration appointments by a company or its directors—the procedure, Out-of-court administration appointments by a QFCH—the procedure and Court appointments-the procedure.

Statement of Affairs

One of the first tasks for the administrator is to obtain a statement of affairs. This is a document which will be filed at Companies House and disclosed to creditors (see IR 2016, SI 2016/1024, rr 3.44–3.45 for partial disclosure), detailing full financial and other particulars of the company, including property, debts, liabilities, creditors, securities etc. This must be compiled and verified under a statement of truth, by one or more of the 'relevant persons', defined under IA 1986, Sch B1, para 47(3), who will be an officer or employee of the company.

The administrator must require the statement of affairs by sending a prescribed notice to the relevant persons, which must contain certain information