The Companies (Trading Disclosures) (Insolvency) Regulations 2008

Statement that a company is in administration

4.—(1) For paragraph 45 of Schedule B1 to the Insolvency Act 1986(1) substitute—

“45.— (1) While a company is in administration, every business document issued by or on behalf of the company or the administrator, and all the company’s websites, must state—

(a) the name of the administrator, and

(b) that the affairs, business and property of the company are being managed by the administrator.

(2) Any of the following persons commits an offence if without reasonable excuse the person authorises or permits a contravention of sub-paragraph (1)—

(a) the administrator,

(b) an officer of the company, and

(c) the company.

(3) In sub-paragraph (1) “business document” means—

(a) an invoice,

(b) an order for goods or services,

(c) a business letter, and

(d) an order form,

whether in hard copy, electronic or any other form.”.

(2) For paragraph 46 of Schedule B1 to the Insolvency (Northern Ireland) Order 1989(2) substitute—

“46.— (1) While a company is in administration, every business document issued by or on behalf of the company or the administrator, and all the company’s websites, must state—

(a) the name of the administrator, and

(b) that the affairs, business and property of the company are being managed by the administrator.

(2) Any of the following persons commits an offence if without reasonable excuse the person authorises or permits a contravention of sub-paragraph (1)—

(a) the administrator,

(b) an officer of the company, and

(c) the company.

(3) In sub-paragraph (1) “business document” means—

(a) an invoice,

(b) an order for goods or services,

(c) a business letter, and

(d) an order form,

whether in hard copy, electronic or any other form.”.

(1)

Schedule B1 was inserted by the Enterprise Act 2002 (c.40), section 248(2) and Schedule 16.

(2)

Schedule B1 was inserted by the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), Article 3(2) and Schedule 1.