Special administration

There are a number of special administration regimes in the UK which amend the general administration process set out in the Insolvency Act 1986 (IA 1986). These are found in industries where companies carry out a statutory function of a public nature, for example, water or energy, or where there is a wider public interest in having a bespoke administration regime, for example, financial institutions or social housing. The form of these regimes generally follows that set out in IA 1986, but the nature of the industry means that it is appropriate for the administrator to have modified objectives and corresponding powers to achieve those objectives.

For a summary table of the special administration regimes that exist in England and Wales, see Practice Note: Special administration regimes—quick guide.

Energy supply companies

The government introduced a special administration regime (SAR) for energy supply companies in the Energy Act 2011 (EnA 2011) (adopting and varying certain provisions of the Energy Act 2004 (EA 2004)). The SAR was introduced as part of a series of measures in the 2011 Act to improve energy security

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Latest Restructuring & Insolvency News

High Court clarifies position of sole directors under Model Articles and the interaction between UK sanctions regulations and in-court appointment of administrators (Re KRF Services (UK) Ltd and others)

Restructuring & Insolvency analysis: This High Court case (which addresses two important issues in UK company law and sanctions regulations) will be of interest to insolvency practitioners, corporate and restructuring lawyers, sanctions lawyers, and businesses and individuals which are affected by sanctions. Firstly, it clarifies the position of sole directors under the Model Articles for private limited companies. The court ruled that a sole director can validly pass board resolutions and bind the company, regardless of whether they have always been the sole director or were previously part of a multi-member board. This interpretation resolves conflicts between Article 7(2) and Article 11(2) of the Model Articles, with the court favouring Article 7(2)'s provisions. Secondly, the case examines the interaction between UK sanctions regulations and the in-court appointment of administrators. The court determined that making an administration application and order does not breach asset-freezing sanctions, even when the company is designated or controlled by a sanctioned person. While an Office of Financial Sanctions Implementation (OFSI) license is typically required for administrators to act, the court retains discretion to make immediate appointments in urgent situations. Written by Joshua Ray and Duncan Henderson, partners at CANDEY, which acted for the First and Second Applicants on this matter.

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