The following Restructuring & Insolvency guidance note provides comprehensive and up to date legal information covering:
Prior to the Insolvency (England and Wales) Rules 2016 (IR 2016), there was no requirement to specify the date and time of appointment in a ‘Notice of Appointment’ of an administrator. The position changed as a result of IR 2016, SI 2016/1024, rr 3.24 ‘Notice of appointment after notice of intention to appoint’ and 3.25 ‘Notice of appointment without prior notice of intention to appoint’ which require that the ‘Notice of Appointment’ contains a statement that ‘the company has or the directors have, as the case may be, appointed the person named as administrator of the company’, and must also contain, ‘the date and time of the appointment’. This is separate to the time and date given by the court when the appointment papers are filed in court pursuant to IR 2016, SI 2016/1024, r 3.26(3).Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 3.24–3.25IR 2016, SI 2016/1024, r 3.26(3)
In practice therefore, practitioners have adopted various different approaches to completing the time and date of the appointment on the notice of appointment. Some have elected to complete the time and date of appointment in the ‘Notice of Appointment’ immediately before filing papers at court. An alternative has been to not attempt to specify a time and date and instead refer to the appointment being made at the date and time of the filing at court.
This Practice Note considers the requirements of IR 2016, SI 2016/1024, rr 3.24–3.25 in the context of three decisions, NJM Clothing, Towcester Racecourse and Spaces London Bridge Ltd. For more general guidance on the out-of-court appointment of an administration, see IR
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