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Administration Petitions | The Administrator | The Administration | The Effect on Creditors








WHAT IS AN ADMINISTRATION ORDER?

An administration order is an order made by the court appointing an administrator to manage the affairs, business and property of a company. The process of administration is similar to administrative receivership in terms of the powers of the administrator (who must be a licensed insolvency practitioner).
The court will make an administration order if it is satisfied that:

  • the company is or is likely to become unable to pay its debts
  • the company must not be in liquidation;
  • the making of an order would be likely to achieve one or more of the following purposes:
    • the survival of the company, and the whole or part of its undertaking, as a going concern
    • the approval of a voluntary arrangement
    • the sanctioning under section 425 of the Companies Act of a compromise or arrangement between the company and its creditors;
    • a more advantageous realisation of the company's assets than would be effected on a winding