SCHEDULES

C1C2F1SCHEDULE B1ADMINISTRATION

Annotations:
Modifications etc. (not altering text)
C1

Sch. B1 applied (with modifications) (1.10.2011) by Postal Services Act 2011 (c. 5), ss. 73, 87(1)(2), 93(3), Sch. 10 Pt. 1, Sch. 10 Pt. 2

C2

Sch. B1 applied (with modifications) by S.R. 1995/225, Sch. 2 (as amended (19.12.2018) by The Banks and Building Societies (Priorities on Insolvency) Order 2018 (S.I. 2018/1244), arts. 1(2), 36 (with art. 3))

PROCESS OF ADMINISTRATION

Announcement of administrator's appointment

47

1

This paragraph applies where a person becomes the administrator of a company.

2

As soon as is reasonably practicable the administrator shall—

a

send a notice of his appointment to the company, and

b

publish a notice of his appointment in the prescribed manner.

3

As soon as is reasonably practicable the administrator shall—

a

obtain a list of the company's creditors, and

b

send a notice of his appointment to each creditor of whose claim and address he is aware.

4

The administrator shall send a notice of his appointment to the registrar before the end of the period of 7 days beginning with the date specified in sub-paragraph (6).

5

The administrator shall send a notice of his appointment to such persons as may be prescribed before the end of the prescribed period beginning with the date specified in sub-paragraph (6).

6

The date for the purpose of sub-paragraphs (4) and (5) is—

a

in the case of an administrator appointed by administration order, the date of the order,

b

in the case of an administrator appointed under paragraph 15, the date on which he receives notice under paragraph 21, and

c

in the case of an administrator appointed under paragraph 23, the date on which he receives notice under paragraph 33.

7

The High Court may direct that sub-paragraph (3)(b) or (5)—

a

shall not apply, or

b

shall apply with the substitution of a different period.

8

A notice under this paragraph must—

a

contain the prescribed information, and

b

be in the prescribed form.

9

An administrator commits an offence if he fails without reasonable excuse to comply with a requirement of this paragraph.

Statement of company's affairs

48

1

As soon as is reasonably practicable after appointment the administrator of a company shall by notice in the prescribed form require one or more relevant persons to provide the administrator with a statement of the affairs of the company.

2

The statement must—

a

be verified by affidavit,

b

be in the prescribed form,

c

give particulars of the company's property, debts and liabilities,

d

give the names and addresses of the company's creditors,

e

specify the security held by each creditor,

f

give the date on which each security was granted, and

g

contain such other information as may be prescribed.

3

In sub-paragraph (1) “relevant person” means—

a

a person who is or has been an officer of the company,

b

a person who took part in the formation of the company during the period of one year ending with the date on which the company enters administration,

c

a person employed by the company during that period, and

d

a person who is or has been during that period an officer or employee of a company which is or has been during that year an officer of the company.

4

For the purpose of sub-paragraph (3) a reference to employment is a reference to employment through a contract of employment or a contract for services.

49

1

A person required to submit a statement of affairs must do so before the end of the period of 11 days beginning with the day on which he receives notice of the requirement.

2

The administrator may—

a

revoke a requirement under paragraph 48(1), or

b

extend the period specified in sub-paragraph (1) (whether before or after expiry).

3

If the administrator refuses a request to act under sub-paragraph (2)—

a

the person whose request is refused may apply to the High Court, and

b

the Court may take action of a kind specified in sub-paragraph (2).

4

A person commits an offence if he fails without reasonable excuse to comply with a requirement under paragraph 48(1).

Administrator's proposals

50

1

The administrator of a company shall make a statement setting out proposals for achieving the purpose of administration.

2

A statement under sub-paragraph (1) must, in particular—

a

deal with such matters as may be prescribed, and

b

where applicable, explain why the administrator thinks that the objective mentioned in paragraph 4(1)(a) or (b) cannot be achieved.

3

Proposals under this paragraph may include—

a

a proposal for a voluntary arrangement under Part II of this Order (although this paragraph is without prejudice to Article 17(3));

b

a proposal for a compromise or arrangement to be sanctioned under F2Part 26 F3or 26A of the Companies Act 2006 (arrangements and reconstructions).

4

The administrator shall send a copy of the statement of his proposals—

a

to the registrar,

b

to every creditor of the company of whose claim and address he is aware, and

c

to every member of the company of whose address he is aware.

5

The administrator shall comply with sub-paragraph (4)—

a

as soon as is reasonably practicable after the company enters administration, and

b

in any event, before the end of the period of 8 weeks beginning with the day on which the company enters administration.

6

The administrator shall be taken to comply with sub-paragraph (4)(c) if he publishes in the prescribed manner a notice undertaking to provide a copy of the statement of proposals free of charge to any member of the company who applies in writing to a specified address.

7

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

8

A period specified in this paragraph may be varied in accordance with paragraph 108.

Creditors' meeting

51

1

In this Schedule “creditors' meeting” means a meeting of creditors of a company summoned by the administrator—

a

in the prescribed manner, and

b

giving the prescribed period of notice to every creditor of the company of whose claim and address he is aware.

2

A period prescribed under sub-paragraph (1)(b) may be varied in accordance with paragraph 108.

3

A creditors' meeting shall be conducted in accordance with the rules.

Requirement for initial creditors' meeting

52

1

Each copy of an administrator's statement of proposals sent to a creditor under paragraph 50(4)(b) must be accompanied by an invitation to a creditors' meeting (an “initial creditors' meeting”).

2

The date set for an initial creditors' meeting must be—

a

as soon as is reasonably practicable after the company enters administration, and

b

in any event, within the period of 10 weeks beginning with the date on which the company enters administration.

3

An administrator shall present a copy of his statement of proposals to an initial creditors' meeting.

4

A period specified in this paragraph may be varied in accordance with paragraph 108.

5

An administrator commits an offence if he fails without reasonable excuse to comply with a requirement of this paragraph.

53

1

Paragraph 52(1) shall not apply where the statement of proposals states that the administrator thinks—

a

that the company has sufficient property to enable each creditor of the company to be paid in full,

b

that the company has insufficient property to enable a distribution to be made to unsecured creditors other than by virtue of Article 150A(2)(a), or

c

that neither of the objectives specified in paragraph 4(1)(a) and (b) can be achieved.

2

But the administrator shall summon an initial creditors' meeting if it is requested—

a

by creditors of the company whose debts amount to at least 10 per cent. of the total debts of the company,

b

in the prescribed manner, and

c

in the prescribed period.

3

A meeting requested under sub-paragraph (2) must be summoned for a date in the prescribed period.

4

The period prescribed under sub-paragraph (3) may be varied in accordance with paragraph 108.

Business and result of initial creditors' meeting

54

1

An initial creditors' meeting to which an administrator's proposals are presented shall consider them and may—

a

approve them without modification, or

b

approve them with modification to which the administrator consents.

2

After the conclusion of an initial creditors' meeting the administrator shall as soon as is reasonably practicable report any decision taken to—

a

the High Court,

b

the registrar, and

c

such other persons as may be prescribed.

3

An administrator commits an offence if he fails without reasonable excuse to comply with sub-paragraph (2).

Revision of administrator's proposals

55

1

This paragraph applies where—

a

an administrator's proposals have been approved (with or without modification) at an initial creditors' meeting,

b

the administrator proposes a revision to the proposals, and

c

the administrator thinks that the proposed revision is substantial.

2

The administrator shall—

a

summon a creditors' meeting,

b

send a statement in the prescribed form of the proposed revision with the notice of the meeting sent to each creditor,

c

send a copy of the statement, within the prescribed period, to each member of the company of whose address he is aware, and

d

present a copy of the statement to the meeting.

3

The administrator shall be taken to have complied with sub-paragraph (2)(c) if he publishes a notice undertaking to provide a copy of the statement free of charge to any member of the company who applies in writing to a specified address.

4

A notice under sub-paragraph (3) must be published—

a

in the prescribed manner, and

b

within the prescribed period.

5

A creditors' meeting to which a proposed revision is presented shall consider it and may—

a

approve it without modification, or

b

approve it with modification to which the administrator consents.

6

After the conclusion of a creditors' meeting the administrator shall as soon as is reasonably practicable report any decision taken to—

a

the High Court,

b

the registrar, and

c

such other persons as may be prescribed.

7

An administrator commits an offence if he fails without reasonable excuse to comply with sub-paragraph (6).

Failure to obtain approval of administrator's proposals

56

1

This paragraph applies where an administrator reports to the High Court that—

a

an initial creditors' meeting has failed to approve the administrator's proposals presented to it, or

b

a creditors' meeting has failed to approve a revision of the administrator's proposals presented to it.

2

The Court may—

a

provide that the appointment of an administrator shall cease to have effect from a specified time;

b

adjourn the hearing conditionally or unconditionally;

c

make an interim order;

d

make an order on a petition for winding up suspended by virtue of paragraph 41(1)(b);

e

make any other order (including an order making consequential provision) that the Court thinks appropriate.

Further creditors' meetings

57

1

The administrator of a company shall summon a creditors' meeting if—

a

it is requested in the prescribed manner by creditors of the company whose debts amount to at least 10 per cent. of the total debts of the company, or

b

he is directed by the High Court to summon a creditors' meeting.

2

An administrator commits an offence if he fails without reasonable excuse to summon a creditors' meeting as required by this paragraph.

Creditors' committee

58

1

A creditors' meeting may establish a creditors' committee.

2

A creditors' committee shall carry out functions conferred on it by or under this Order.

3

A creditors' committee may require the administrator—

a

to attend on the committee at any reasonable time of which he is given at least 7 days' notice, and

b

to provide the committee with information about the exercise of his functions.

Correspondence instead of creditors' meeting

59

1

Anything which is required or permitted by or under this Schedule to be done at a creditors' meeting may be done by correspondence between the administrator and creditors—

a

in accordance with the rules, and

b

subject to any prescribed condition.

2

A reference in this Schedule to anything done at a creditors' meeting includes a reference to anything done in the course of correspondence in reliance on sub-paragraph (1).

3

A requirement to hold a creditors' meeting is satisfied by conducting correspondence in accordance with this paragraph.