Insolvency Act 1986

Changes over time for: Paragraph 84

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Insolvency Act 1986, Paragraph 84 is up to date with all changes known to be in force on or before 29 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Schedule B1 Paragraph 84:

Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations

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Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations

Moving from administration to dissolutionE+W+S

[F184(1)If the administrator of a company thinks that the company has no property which might permit a distribution to its creditors, he shall send a notice to that effect to the registrar of companies.

F2(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The court may on the application of the administrator of a company disapply sub-paragraph (1) in respect of the company.

(3)On receipt of a notice under sub-paragraph (1) F3... the registrar shall register it F3....

(4)On the registration of a notice in respect of a company under sub-paragraph (1) the appointment of an administrator of the company shall cease to have effect.

(5)If an administrator sends a notice under sub-paragraph (1) he shall as soon as is reasonably practicable—

(a)file a copy of the notice with the court, and

(b)send a copy of the notice to each creditor [F4, other than an opted-out creditor,] of whose claim and address he is aware.

(6)At the end of the period of three months beginning with the date of registration of a notice in respect of a company under sub-paragraph (1) the company is deemed to be dissolved F5....

F6(6A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(6B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)On an application in respect of a company by the administrator or another interested person the court may—

(a)extend the period specified in sub-paragraph (6) F7...,

(b)suspend that period, or

(c)disapply sub-paragraph (6) F8....

(8)Where an order is made under sub-paragraph (7) in respect of a company the administrator shall as soon as is reasonably practicable notify the registrar of companies.

(9)An administrator commits an offence if he fails without reasonable excuse to comply with sub-paragraph (5).]

Textual Amendments

F1Sch. B1 inserted (15.9.2003) by 2002 c. 40, ss. 248(2), 279, Sch. 16 (with s. 249(1)-(3)(6)); S.I. 2003/2093, art. 2(1), Sch. 1 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))