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Insolvency Act 1986

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This is the original version (as it was originally enacted).

8Power of court to make order

(1)Subject to this section, if the court—

(a)is satisfied that a company is or is likely to become unable to pay its debts (within the meaning given to that expression by section 123 of this Act), and

(b)considers that the making of an order under this section would be likely to achieve one or more of the purposes mentioned below,

the court may make an administration order in relation to the company.

(2)An administration order is an order directing that, during the period for which the order is in force, the affairs, business and property of the company shall be managed by a person (“the administrator ”) appointed for the purpose by the court.

(3)The purposes for whose achievement an administration order may be made are—

(a)the survival of the company, and the whole or any part of its undertaking, as a going concern;

(b)the approval of a voluntary arrangement under Part 1;

(c)the sanctioning under section 425 of the Companies Act of a compromise or arrangement between the company and any such persons as are mentioned in that section; and

(d)a more advantageous realisation of the company's assets than would be effected on a winding up;

and the order shall specify the purpose or purposes for which it is made.

(4)An administration order shall not be made in relation to a company after it has gone into liquidation, nor where it is—

(a)an insurance company within the meaning of the [1982 c. 50.] Insurance Companies Act 1982, or

(b)a recognised bank or licensed institution within the meaning of the [1979 c. 37.] Banking Act 1979, or an institution to which sections 16 and 18 of that Act apply as if it were a licensed institution.

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