Rule 3.3 - Administration application

Published date21 March 2018
Subject MatterBusiness and Property Courts (England and Wales) forms
Form IAA

Administration Application

Rule 3.3

Comp 8

For Court use

Case No:

Delete/ complete as necessary:

(a) High Court, London

(b) High Court B&PCs DR

(c) Non-B&PCs DR

(d) County Court

[a]

[b]

[c]

[d]

[IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES

INSOLVENCY AND COMPANIES LIST (ChD)]

[IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS IN [location]

INSOLVENCY AND COMPANIES LIST (ChD)]

[IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

[location] DISTRICT REGISTRY]

[IN THE COUNTY COURT AT [location]]

Insert name of company subject to the application

IN THE MATTER OF […]

AND IN THE MATTER OF THE INSOLVENCY ACT 1986

(1) Provide the full details of the Company, including name, registered number & office or equivalent, etc.: see rules 3.3(1) and 1.6 of the Insolvency (England and Wales) Rules 2016 (IR 2016)

THE COMPANY:

(1) This application concerns [name of company] (“the Company”)

The registered number of the Company is

The registered office of the Company is

[or such other details as are required]

(2)(a) Insert the name(s) of the Applicant(s) and any other details required by rule 1.6 of the IR 2016

THE APPLICANT:

(2)(a) The Applicant(s) is (are)

(2)(b) Select which paragraph (i) to (viii) of rule 3.3(2)(b) of the IR 2016 applies.

(2)(b) This application is made by -

(i) Delete as applicable

(i) The Company under paragraph 12(1)(a) of Schedule B1 to the Insolvency Act 1986 (the “Schedule”).

(ii) Delete as applicable

(ii) the directors of the Company under paragraph 12(1)(b) of the Schedule.

(iii) Delete as applicable

(iii) a creditor of the Company under paragraph 12(1)(c) of the Schedule.

(iv) Delete as applicable

Where relevant, specify the other creditors [rule 3.3(2)(b)(c) of the IR 2016]

(iv) a creditor presenting this application under paragraph 12(1)(c) of the Schedule on behalf of itself/himself/herself and the following other creditors of the company:

(v) Delete as applicable. If this paragraph applies, insert the details of the charge

(v) a holder of a qualifying floating charge [under paragraph 35 of the Schedule][[OR under paragraph 37 of the Schedule]. The details of the charge are as follows:

The date of the charge is [insert date]

The date the charge was registered is [insert date]

The maximum amount (if any) secured by the charge is [insert amount]

(vi) Delete as applicable: if this applies add details required by rule 1.6 of the IR 2016

(vi) the liquidator of the company under paragraph 38 of the Schedule.

(vii) Delete as applicable: if this applies add details required by rule 1.6 of the IR 2016

(vii) the supervisor of a company voluntary arrangement under section 7(4)(b) of the Insolvency Act 1986.

(viii) Delete as applicable

(viii) a designated officer of a magistrates’ court, in the exercise of the power conferred by section 87A of the Magistrates’ Courts Act 1980.

(2)(e) If Company is registered under the Companies Act 2006, insert details of shareholding or that it is limited by guarantee: delete as necessary

(2)(e) The Company is registered under the Companies Act 2006.

(i) It has the following issued and called-up capital, namely:

divided into […] number of shares, of £ each,

and the amount of capital paid up or credited as paid up is £

[OR (ii) It is limited by guarantee.]

(2)(f) Insert the nature of the Company’s business (if known)

(2)(f) The particulars of the Company’s principal business are as follows:

(2)(g) Delete as applicable

JURISDICTION:

(2)(g) The Company is/is not an undertaking within Article 1.2 of the EU Regulation on Insolvency Proceedings.

(2)(h) Insert name of witness

Delete as applicable

(2)(h) For the reasons stated in the witness statement of [name] ...

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