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Effect on creditors
Secured
creditors
- No
administrative receiver may be appointed
- creditors
who have supplied goods under retention of title, hire purchase, conditional
sale or chattel leasing agreements cannot repossess those goods - but
the administrator cannot dispose of them without the consent of either
the creditor or the Court;
- a
creditor with security (which includes retention of title, hire purchase
etc) is entitled to vote at meetings only for the unsecured part of
his debt.
Unsecured
creditors
Effect
of petition
-
No action to recover outstanding debts can be taken after the petition
for an administration order has been presented to the Court
Effect
of Order
-
existing contracts may be continued or terminated by the administrator
- creditors
must be given 28 days notice of an administration order
- the
administrator must call a creditors' meeting to be held no later than
three months after his appointment and must send a copy of his proposals
with the notice
- creditors
are entitled to vote on the proposals and may put forward amendments.
Voting is by simple majority;
- the
administrator cannot deal with unsecured creditors' claims. These will
be dealt with by a subsequent liquidator or the supervisor of a voluntary
arrangement (or occasionally by the company) if neither process ensues
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