Corporate Insolvency - Ensuring the Appointment of Administrators is Valid

09/11/2015 – As a legal concept, administration is a procedure under the insolvency laws of a number of common law jurisdictions.

As a legal concept, administration is a procedure under the insolvency laws of a number of common law jurisdictions, the UK being one of them. It functions as a rescue mechanism for insolvent entities and allows them to carry on running their business. The process – an alternative to liquidation – is often known as “going into administration”.

A company in administration is operated by the administrator (as interim chief executive) on behalf of the creditors as a going concern while options are sought short of liquidation. In UK law, the administration regime is governed by the Insolvency Act 1986, as amended by the Enterprise Act 2002.

An “administrator” can be appointed without petitioning the court by the holder of a floating charge (created since 15 September 2003), by the company or by its directors. Other creditors must petition the court to appoint an administrator. The administrator must act in the interests of all the creditors and attempt to rescue the company as a going concern.

Appointing Administrators

Appointing administrators may seem easy, and mainly a form filling exercise. However, there are many issues to consider to ensure that the appointment is valid. This issue is of crucial importance as the consequences of an appointment being invalid are dire.

Whether or not an administrator has been validly appointed is an issue is of such importance that many insolvency practitioners now seek confirmation from an independent solicitor post appointment that an administrator’s appointment is valid.

Coyle White Devine have the technical expertise to ensure that appointments are valid and can assist companies going through financial difficulties to take the first step towards finding a solution. Contact Jackie Revell for further advice and information.

Insights & News

Corporate Insolvency – Ensuring the Appointment of Administrators is Valid

More Articles

Announcing our new Private Crime Department

Licence and Liberty Saved

Double the Success for the Private Crime Team as CPS Squeezed into Discontinuing

Legal aid abolishment

Need help with child custody? How our solicitors at Coyle White Devine can help you

Customer Takes Betfred to High Court After Being Denied £1.7m Prize

Continuing success for CWD’s employment department

CWD Law secures £1m+ win after 3-year battle with Paddy Power

What according to an Amersham family solicitor are the most common reasons for family breakups?

Looking for family solicitors Amersham?

Tips on how to keep your divorce civil and non-confrontational

Single dad refused £1.7 million Betfred payout over 'glitch' takes bookies to court

How the written word could help your business

Another success for the CWD Criminal Department

Guiding you towards an amicable solution with a trustworthy family solicitors in Amersham

Could mediation be your ticket to a hassle-free divorce?

Family solicitor attributes and what to look for

Recent Developments in Employment Law

Reach an amicable divorce using family solicitors Amersham

Relieving financial pressure through an expert family solicitors in Amersham

Does a family solicitor in Amersham understand my pain?

Resolve your financial disputes professionally through reliable family solicitors in Amersham

The UK construction industry, insolvency, and the Labour Manifesto

Straightforward support by your family solicitors in Amersham

Social media platforms, free speech, and UK law: Who is accountable?

The legal advantages of getting a prenuptial agreement at Coyle White Devine

The legal system is broken: Why are fees increasing but service and support decreasing?

Have you been a victim of domestic abuse? Ways to find the best solicitor to represent you

How family solicitors in Amersham can help you

Emphatic Success for Coyle White Devine's Private Crime Team

Putting the fun into fundraising in 2016

How to avoid making a dogs dinner of choosing a company name

What does a family solicitor in Amersham do?

Questions you should ask a family solicitor before hiring them

'eBay-style' online courts could resolve smaller claims

Guiding you through troubled waters thanks to our expert family solicitors in Amersham

Sports law in the UK: A brief guide to the regulations that govern football

Questions you should ask yourself when getting divorced

Gambler's luck runs out

How do you get divorced?

Betfred gambler in High Court battle over £1.7m payout he never received

Court of Appeal Rubs Salt in Stratstone's Wounds

What does family law entail?

Another outstanding testimonial for the criminal department

Are you going through a messy divorce? Let us help you through the worst of it

ANDY GREEN V BETFRED- THE MEDIA COVERAGE CONTINUES WITH THE TIMES

Blackjack gambler who won £1.7m with Betfred but never received a penny after firm blamed software glitch could be days away from getting his winnings at High Court

ANDY GREEN V BETFRED – COVERAGE BY THE DAILY MAIL, THE SUN, THE MIRROR, THE DAILY STAR, AND THE DAILY RECORD

A family solicitor in Amersham can advise on other ways to separate

Success for the CWD Criminal Department!

CWD Client Wins £1 Million Battle Against Paddy Power

CWD's Peter Coyle's appearances on BBC Radio 4 and BBC Radio Wales

Dos and don’ts of pre-nuptial agreements as suggested by our Amersham Family Solicitors

What should I expect from Family Solicitors in Amersham?

ANDY GREEN v BETFRED – more media coverage

How does a family solicitor in Amersham support my family during a divorce?

Divorces and financial settlements How Coyle White Devine can help you with negotiations and resolution

Sorry seems to be the hardest word for Katie Hopkins after defaming journalist on Twitter

How family solicitors in Amersham can help you to protect your assets

Divorce proceedings with a family solicitor in Amersham

Take the best way forward with family solicitors in Amersham you can trust

Finding a Family Solicitor in Amersham who is right for you

Ways in which family solicitors in Amersham can assist with your divorce case

And they’re off! Betfred sued by £1.7m ‘winner’

The legal side to ending a relationship when you cohabitate

Continuing success for the CWD Criminal Department!

DAVID V GOLIATH – CWD helps Lincolnshire man take on the might of Betfred

Announcement from Peter Coyle

Need help with a postnuptial dispute? Coyle White Devine family solicitors can help

How family solicitors in Amersham can help with the issue of children during divorce

ANDY GREEN V BETFRED – Peter Coyle’s Interview with The Gambling Insider

$2.2 Million Customer Dispute With Betfred Going to Summary Judgment

Keeping your head above water thanks to our quality family solicitors in Amersham

Advice from a family solicitor in Amersham

CWD Company Update

Missed out on a prenuptial agreement? Coyle White Devine’s guide to postnuptial agreements

ANDY GREEN V BETFRED (DAVID VS GOLAITH) – MORE MEDIA COVERAGE FROM THE BBC