Court appointment of administrators—who can apply and in what circumstances?
Court appointment of administrators—who can apply and in what circumstances?

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

  • Court appointment of administrators—who can apply and in what circumstances?
  • Coronavirus (COVID-19)
  • Brexit impact
  • Who is entitled to make an application to the court for an administration order
  • When directors and the company might have to apply to court for an administration order
  • When a QFCH might have to apply to the court for an administration order
  • No administration order where an administrative receiver has been appointed
  • Conditions for making an order
  • Unable to pay its debts
  • Purpose of administration
  • More...

Court appointment of administrators—who can apply and in what circumstances?

This Practice Note will cover:

  1. the purpose of administration

  2. who can apply for a court-appointed administrator, and in what circumstances

For details on the procedure for court administration appointments and what documents are required, see Practice Note: Court appointments of administrators—the procedure.

Coronavirus (COVID-19)

This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and processes as a result of the Coronavirus (COVID-19) pandemic, including the Temporary Insolvency Practice Direction 2020. For further information, see Practice Notes: Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings and The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (April 2021). For related news, guidance and other resources to assist practitioners working on restructuring and insolvency matters, see: Coronavirus (COVID-19)—Restructuring & Insolvency—overview.

Brexit impact

The administration process is impacted by legislation enacted to support the UK leaving the EU. This Practice Note has been updated to reflect the amendments to the Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 by the Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146. For further reading, see Practice Note: Brexit—impact on administration and Overview: Brexit: Restructuring & Insolvency. For updated appointment forms for use after IP completion day (defined as 11pm on 31 December 2020), see News Analysis: Brexit—administration

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