What is Administration? - Definition & Source of law - Benefits & implications
Effects of an Administrators Appointment
What is Administration
An Administration is an insolvency process which is predominately designed to provide a breathing space from creditor actions. The law and procedure relating to Administrations and more importantly the procedure to place a company into Administration is set out at Schedule B1 of The Insolvency Act 1986.
It is incredibly quick and easy for company directors to place a company into Administration, particularly if there are no Floating Charge creditors. The company can be placed into Administration within a matter of hours. It is a simple matter of filling out a few forms, which need to be sworn at a solicitor's office. Those sworn forms are then filed in court and the company will then be in Administration. The forms are merely stamped by the Court Clerk and given a reference number and therefore there is no need to see a Judge.
What are the Different Types of Administration
There are two different types of Administration.
The first type of Administration is an out of court process, which, by merely filing a document in your local insolvency court, enables the Company to be placed into Administration. In this type of Administration there is no court hearing and therefore it is very quick, easy and inexpensive to do and therefore is the preferred option. Unfortunately it is not always possible to use this route.
The second type of Administration is where a formal application is made to the Court for an Administration Order to be made. This type of Administration is used when the quicker, out of court process, is unavailable. For example where a winding up petition has been issued. This is a much slower and expensive process because solicitors will need to be instructed and the speed of the process is often determined by how quickly a court hearing can be arranged, which can often be a considerable time.
What are the Effects of Administration
The main defining effect of an Insolvency Administration Order is that it freezes creditors actions.
This means that once the company is in Administration:
- landlords cannot distrain on your company's assets and cannot forfeit the lease
- creditors cannot pursue court judgments against your company, or seek to enforce a judgment that they have already obtained
- winding up petitions cannot be issued against your business
- bailiffs cannot seize assets or take "walking possession" of the Company's assets
- HP and lease companies cannot recover their assets
That "freeze" or moratorium on creditors enforcement procedures provided by the Administrator's appointment gives company directors the time needed to consider alternatives and to put a plan in place to rescue the Company's business. The process is, therefore, quite often an interim step to achieve a later objective such as a company voluntary arrangement. In many instances an Administration can, however, stand on its own without necessarily there being a later insolvency process.
If there is a danger that creditors are seeking to take enforcement action against a company, Administration can be a very useful tool to freeze creditors action to allow the directors time to act in the best interests of the company and the creditors as a whole. If you would like to discuss Administration and the procedure to follow to place a company into Administration please telephone 01326 340 579 to discuss the matter with one of our Insolvency Practitioners.
Would you like us to give you a call?
Fill in the form and we'll give you a call as soon as we can to discuss your needs in a free initial consultation with a Licensed Insolvency Practitioner. Alternatively give us a call on 01326 340579 if there is an urgency to your needs.