THE ADMINISTRATOR'S PROPOSALS
The
administration order must set out the purpose or purposes for which it
was made.
Once
the day-to-day running of the company has been established after the granting
of the order, the administrator's next priority is to formulate proposals
setting out how these purposes will be achieved and to submit those proposals
to the company's creditors. That needs to be done within three months
or such longer time as the court may allow.
The
administrator must send a copy of his proposals to:
-
all known creditors
- the
Registrar of Companies
- to
the shareholders (or advertise, in the Gazette and a newspaper, an address
to which they can write to get a copy free of charge
The
administrator must call a meeting of the creditors, with at least 14 days'
notice. The notice must be sent to the creditors, together with a proxy
form, and advertised in the same newspaper in which the appointment was
advertised, The meeting must be held within three months of the date of
appointment, at a place chosen by the administrator, having regard to
the convenience to the creditors and the starting time must be between
10.00 and 16.00 on a business day. In addition to the proposals the following
information must be given to the creditors:
-
details to his appointment as administrator, the purposes for which
an administration order was applied for and made and any subsequent
variation of these purposes
- an
account of the circumstances giving rise to the application for the
administration order
- the
names of the directors and secretary of the company;
- if
a statement of affairs has been submitted, a copy or summary of it,
with the administrator's comments, if any
- if
no statement of affairs has been submitted, details of the financial
position of the company at the last practicable date
- the
manner in which the affairs and business of the company-
- (i)
have since the date of the administrator's appointment been managed
and financed
- (ii)
will if the administrator's proposals are approved be managed and
financed
- any
other information which the administrator believes is pertinent
The
creditors can resolve to approve, amend or reject the proposals but no
alterations can be made unless they are agreed by the administrator. A
simple majority in value of those present and voting in person or by proxy
is required. In order to be entitled to vote a creditor must have given
details of his or its debt to the administrator by noon on the business
day before the meeting and must have lodged a proxy, if appropriate. If
the proposals are approved, either in the original or an amended form,
the administrator will proceed to put them into effect, after first notifying
the court, the Registrar of Companies and the creditors of the result
of the meeting.
If
the proposals require substantial revision during the course of the administration,
another meeting of creditors must be called and the whole process repeated.
Once
the proposals have been approved a creditors' committee may be formed,
if desired. This is a committee of composed of representatives of creditors
to assist the administrator in discharging his functions. An important
duty is to approve the administrator's remuneration.
Within
every six months of the date of approval of the proposals, the administrator
must send a progress report to the creditors
Completion
of the administration
The
administration is completed when the proposals have been achieved, or
it becomes clear that this is not possible. At this point the administrator
reports to the Court seeking his release and the discharge of the administration
order.
The administrator has no power to agree the claims of creditors as at
the date of the administration order (unless they held security) or to
distribute funds. Assuming that the administration generates a surplus
when it is completed, this will be distributed through a voluntary arrangement
or the company will have to go into liquidation so that a liquidator can
agree the claims and distribute the funds. It is common practice for the
administrator to petition for a winding-up order to be made by the court
immediately the administration order is discharged.
|