How to file for administration out of court opening hours

Published by a LexisNexis Restructuring & Insolvency expert
Practice notes

How to file for administration out of court opening hours

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes
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Who can make an out-of-court Administration Appointment outside of court opening hours?

Where an Administrator appointment must be made urgently but the court is closed, the holder of a qualifying floating charge (QFCH) may file a notice of appointment with the court, notwithstanding that the court is not open for public business. When the court is closed (and only when it is closed), a QFCH may file a notice of appointment with the court by faxing the appropriate form to a designated telephone number, or by emailing it (or sending it as an attachment to an email) to a designated email address.

The usual conditions apply as to whether a QFCH is entitled to appoint an administrator, including the provision of sufficient notice to any prior floating charge holder and that the floating charge must have become enforceable. For further detail, see Practice Notes: Out-of-court appointments—who can apply and in what circumstances?, Out-of-court administration appointments by a QFCH—the procedure and Security review checklist.

How is the appointment made?

What

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Jurisdiction(s):
United Kingdom
Key definition:
Administration definition
What does Administration mean?

Administration is a procedure under the Insolvency Act 1986, under which a company in financial difficulties is run by an Administrator as a going concern prior to the implementation of longer-term options such as break-up and sale.

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