Removal and replacement of office-holders

Copyright © 2025 LexisNexis

Why replace an insolvency office-holder?

The following circumstances may give rise to the need to replace an insolvency office-holder:

  1. •

    the death of an office-holder

  2. •

    the retirement of an office-holder from practice

  3. •

    dissatisfaction with the office-holder by a stakeholder, or

  4. •

    where an office-holder is otherwise unable or unwilling to continue in office

When an office-holder is replaced, it will be necessary for the newly-appointed office-holder to take over the conduct of the insolvency case in a smooth manner.

In the event that a change of office-holder occurs due to death, retirement or where an office-holder is otherwise unable or unwilling to continue in office (where they change firms or lose their licence to practice due to regulatory action) then a block transfer procedure is in place which allows for a bulk transfer of insolvency cases to one or more office-holders. This is generally likely not to be contentious.

Removal of an office-holder due to dissatisfaction in an individual insolvency case may be more contentious, depending on the circumstances.

Administrators

While it is possible to remove and/or replace an administrator,

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Restructuring & Insolvency News

Insolvency Service reports suspended sentence for construction director over accounting records failure

The Insolvency Service has reported that Mario Huiu, former director of Incentive Services Limited, has received a four-month prison sentence, suspended for 12 months, after failing to maintain proper accounting records. Huiu neglected to explain £498,480 in transfers from company accounts between May and June 2020, verify £261,960 in cash receipts, or account for the company's failure with £162,482 in debts. The order was made under the Companies Act 2006 (CA 2006) and Insolvency Act 1986 (IA 1986). Huiu had previously been disqualified as a company director for six years in November 2021 following initial investigations into his conduct at the company.

R3 responds to Scottish Government's stage 3 consultation on statutory debt solutions

The Association of Business Recovery Professionals (R3) has formally submitted its response to the Scottish Government’s Stage 3 consultation on statutory debt solutions. The response covers key areas including sequestration, the minimal asset process (MAP), protected trust deeds, and the debt arrangement scheme (DAS).

Insolvency Service publishes updated pension claim guidance and spreadsheet requirements for practitioners

The Insolvency Service has published its updated guidance for pension claims submission to the Redundancy Payments Service (RPS) and revised the RP15A spreadsheet requirements. The updates mandate that the RP15A pension contribution applications spreadsheet must be submitted in excel format, with practitioners required to use the official template. The guidance outlines the process for submitting RP15 pension contribution forms, RP15A spreadsheets, and RP16 actuarial certificates for defined benefit schemes. Additional requirements include password protection for completed spreadsheets and a specified 12-week processing timeline for claims. The RPS will reject claims that do not conform to the new spreadsheet format requirements.

Amending pleadings in insolvency applications (CL Realisations v Suttle and another)

Restructuring & insolvency analysis: The court considered a contested application by the joint liquidators of CL Realisations 2020 Ltd (the ‘Company’) for permission to amend their claims against two directors of the Company. The originating application had been grounded on sections 212 (summary remedy against delinquent directors etc) and 238 (transactions at an undervalue) of the Insolvency Act 1986 (IA 1986). It had been issued on a protective basis, without a witness statement, to avoid being statute-barred. The liquidators filed their amendment application at the same time as their detailed particulars of claim.

View Restructuring & Insolvency by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Does a power of attorney given by a company survive administration or liquidation? Is it possible to

Does a power of attorney given by a company survive administration or liquidation? Is it possible to draft the power of attorney to enable it to survive?Company granting power of attorneyWhether a company (or any other body corporate) can grant a power of attorney will depend on its constitution.

Role, powers, functions and duties of an administrator

Role, powers, functions and duties of an administratorThe role, functions, powers and duties of an administrator are set out in the Insolvency Act 1986 (IA 1986) and Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. While the Enterprise Act 2002 (EnA 2002) significantly amended the

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Does a power of attorney given by a company survive administration or liquidation? Is it possible to

Does a power of attorney given by a company survive administration or liquidation? Is it possible to

Does a power of attorney given by a company survive administration or liquidation? Is it possible to draft the power of attorney to enable it to survive?Company granting power of attorneyWhether a company (or any other body corporate) can grant a power of attorney will depend on its constitution.

Role, powers, functions and duties of an administrator

Role, powers, functions and duties of an administrator

Role, powers, functions and duties of an administratorThe role, functions, powers and duties of an administrator are set out in the Insolvency Act 1986 (IA 1986) and Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. While the Enterprise Act 2002 (EnA 2002) significantly amended the

Late payment penalties—inheritance tax

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit