Out-of-court administration appointments by a QFCH—the procedure
Out-of-court administration appointments by a QFCH—the procedure

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

  • Out-of-court administration appointments by a QFCH—the procedure
  • Coronavirus (COVID-19)
  • Brexit impact
  • Out-of-court appointments
  • Pre-appointment
  • QFC criteria
  • Restrictions on power to appoint using the out-of-court route
  • Notice of intention to appoint
  • What needs to be served?
  • Where else must the notice of intention be filed?
  • More...

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 introduction of the Temporary Insolvency Practice Direction 2020 (TIPD). 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 (October 2020). For related news, guidance and other resources to assist practitioners working on restructuring and insolvency matters, see: Coronavirus (COVID-19)—Restructuring & Insolvency—overview.

In particular, TIPD, para 3 states that, subject to certain prescribed exceptions, a notice of appointment of an administrator filed by a a qualifying floating charge holder shall be treated as delivered to the court at the date and time recorded in the filing submission email. This is the email referred to at CPR PD 51O, para 5.3(1) and is the automatically generated email that follows submission of a document using the CE-file and acknowledges that the document has been submitted. However, where such notice is filed outside the court opening hours of 10 am–4 pm, the relevant notice is treated as being delivered to the court at 10 am on the day that the courts are next open for business.

With regards to the notice of intention, the TIPD is silent on the timing of a

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