SCHEDULE 1
Rule 3
SCHEDULE 1
PART 1
SUBSTITUTION OF PART 2 OF THE PRINCIPAL RULES
“PART 2
ADMINISTRATION PROCEDURE
CHAPTER 1
PRELIMINARY
Introductory and interpretation
2.1.—(1) In this Part–
(a)
(a) Chapter 2 applies in relation to the appointment of an administrator by the court;
(b)
(b) Chapter 3 applies in relation to the appointment of an administrator by the holder of a qualifying floating charge under paragraph 14;
(c)
(c) Chapter 4 applies in relation to the appointment of an administrator by the company or the directors under paragraph 22;
(d)
(d) The following Chapters apply in all the cases mentioned in sub paragraphs (a) to(c) above:
Chapter 5: Process of administration;
Chapter 6: Meetings;
Chapter 7: The creditors' committee;
Chapter 8: Functions and remuneration of administrator;
Chapter 9: Distributions to creditors;
Chapter 10: Ending administration;
Chapter 11: Replacing administrator;
Chapter 12: EC Regulation – conversion of administration to winding up;
Chapter 13: EC Regulation – member State liquidator.
(2) In this Part of these Rules a reference to a numbered paragraph shall, unless the context otherwise requires, be to the paragraph so numbered in Schedule B1 to the Act.
CHAPTER 2
APPOINTMENT OF ADMINISTRATOR BY COURT
Form of application
2.2.—(1) Where an application is made by way of petition for an administration order to be made in relation to a company, there shall be lodged together with the petition a Statement of the Proposed Administrator
(2) In this Part, references to a Statement of the Proposed Administrator are to a statement by each of the persons proposed to be administrator of a company, in the form required by Rule 7.30 and Schedule 5, stating–
(a)
(a) that he consents to accept appointment as administrator of that company;
(b)
(b) details of any prior professional relationship that he has had with that company; and
(c)
(c) his opinion that it is reasonably likely that the purpose of administration will be achieved.
(3) The petition shall state whether, in the opinion of the petitioner, (i) the EC Regulation will apply and (ii) if so, whether the proceedings will be main proceedings or territorial proceedings.
Service of petition
2.3.—(1) Notice of a petition under paragraph 12 shall be given by the petitioner to any holder of a qualifying floating charge, and to the following persons
(a)
(a) an administrative receiver, if appointed;
(b)
(b) a member State liquidator, if one has been appointed in main proceedings in relation to the company;
(c)
(c) if a petition for the winding up of the company has been presented but no order for winding up has yet been made, the petitioner under that petition;
(d)
(d) a provisional liquidator, if appointed;
(e)
(e) the person proposed in the petition to be the administrator;
(f)
(f) the registrar of companies;
(g)
(g) the Keeper of the Register of Inhibitions and Adjudications for recording in that register;
(h)
(h) the company, if the application is made by anyone other than the company; and
(i)
(i) the supervisor of a voluntary arrangement under Part I of the Act, if such has been appointed.
(2) Notice of the petition shall also be given to the persons upon whom the court orders that the petition be served.
Application to appoint specified person as administrator by holder of qualifying floating charge
2.4.—(1) This Rule applies where the holder of a qualifying floating charge, who has been given notice of an administration application, applies under paragraph 36(1)(b) to have a specified person appointed as administrator in place of the person proposed in the application.
(2) An application under paragraph 36(1)(b) shall include averments as to the basis upon which the applicant is entitled to make an appointment under paragraph 14, and shall be accompanied by–
(a)
(a) the written consent, in accordance with Rule 2.10(5), of all holders of a prior qualifying floating charge;
(b)
(b) the Statement of the Proposed Administrator
(c)
(c) a copy of the instrument or instruments by which the relevant floating charge was created, including any relevant instrument of alteration; and
(d)
(d) such other documents as the applicant considers might assist the court in determining the application.
(3) If an administration order is made appointing the specified person, the expenses of the original petitioner and of the applicant under this Rule shall, unless the court orders otherwise, be paid as an expense of the administration.
Application where company in liquidation
2.5.—(1) Where an administration application is made under paragraph 37 or 38, the petition shall contain, in addition to those averments required in an application under paragraph 12, averments in relation to-–
(a)
(a) the full details of the existing insolvency proceedings, including the name and address of the liquidator, the date he was appointed and by whom; and
(b)
(b) the reasons why administration has subsequently been considered appropriate,
and shall be accompanied by a copy of the order or certificate by which the liquidator was appointed and by such other documents as the petitioner considers might assist the court in determining the application.
(2) Where an administration application is made under paragraph 37, the petition shall contain, in addition to the averments required by paragraph (1) above, averments as to the basis upon which the petitioner is qualified to make an appointment under paragraph 14, and shall be accompanied by a copy of the instrument or instruments by which the relevant floating charge was created, including any relevant instrument of alteration, and by such other documents as the petitioner considers might assist the court in determining the application.
Expenses
2.6. If the court makes an administration order, the expenses of the petitioner, and of any other party whose expenses are allowed by the court, shall be regarded as expenses of the administration.
Administration orders where company in liquidation
2.7. Where the court makes an administration order in relation to a company which is in liquidation, the administration order shall contain consequential provisions, including–
(a) in the case of a liquidator in a voluntary winding up, his removal from office;
(b) provisions concerning the release of the liquidator, including his entitlement to recover expenses and to be paid his remuneration;
(c) provision for payment of the costs of the petitioning creditor in the winding-up;
(d) provisions regarding any indemnity given to the...
