Application by an administrator to end the administration
| Author | Mark Watson-Gandy |
| Pages | 211-225 |
OBJECTIVE
An administrator may apply to the court for an order that his appointment is to cease to have effect from a specified time.
The administrator is obliged to make this application if:
ƒ he has come to the view that the purpose of the administration cannot be achieved;
ƒ he thinks that the company should never have entered administration;
ƒ a creditors’ meeting requires him to make this application;
ƒ he was appointed by an order of the court and he thinks that the purposes of the administration have been sufficiently achieved.
APPLICATION
The application is made by application to the judge. A copy of the application should be filed at court with one additional copy for each party to be served.
Where the administrator also seeks a winding up order, the application should be in the form of a petition.
212 Corporate Insolvency Practice
PROGRESS REPORT
The application notice should have a progress report attached to it, setting out the progress in the administration since the last progress report (if any) or from the date of the company entered administration, and a statement indicating what the administrator thinks should be the next steps for the company.
COURT FEES
Where fresh proceedings need to be brought, a court fee of £280 is payable.
EVIDENCE
The administrator should file a witness statement in support. This should address:
ƒ that he makes this application as administrator;
ƒ the objects of the administration;
ƒ the reason he seeks the end of his appointment as an administrator; ƒ what he thinks the next steps should be for the company;
ƒ if the application is made at the request of the creditors’ meeting, he should indicate whether or not he agrees with the requirement by the creditors (and why);
ƒ if the application is not made at the request of the creditors’ meeting, he should confirm that he has given at least 5 business days’ notice of his application to the creditors and to the person who made the administration application or appointed him;
ƒ if there is an application to wind up, that he has given the creditors notice whether he intends to seek appointment as liquidator.
The witness statement should exhibit:
ƒ evidence of the administrator’s appointment;
ƒ the progress report (if not separately provided);
ƒ if the application is not made at the request of the creditors’ meeting, a copy of the notice of his application to the creditors;
ƒ if the application is not made at the request of the creditors’ meeting, a copy of any responses from the creditors to the notice of his application to the creditors.
NOTICE TO THE CREDITORS
The application should be made on at least 5 business days’ notice to the person who applied for his appointment and the creditors.
If the administrator combines his application with an application for an order to wind up the company,
NOTICE TO THE COURT
If the court makes an order to end the administration, the administrator shall send the Registrar of Companies notice of the court’s order in Form 2.33B.
SERVICE
The usual rule is that, subject to any other express provision, the application must be served at least 14 days before the date fixed for the hearing.
Service may be effected personally
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