THE ADMINISTRATOR
After
his appointment the administrator must advertise it forthwith as follows:
-
advertisement in the Gazette
- advertisement
in a newspaper which he thinks is appropriate to bring it to the notice
of creditors
he
must also give notice to:
- the
company;
- any
one who has or can appoint an administrative receiver
- the
Registrar of Companies
- to
all known creditors (within 28 days)
The
administrator acts as an agent of the company, which means that he is
not personally liable on contracts. Existing contracts are not affected
by the administration order but the administrator may decide not to allow
the company to honour them if that benefits the administration. During
the course of the administration the administrator may continue existing
contracts or make new contracts for the supply of goods and services.
- The
administrator has very wide powers to manage the affairs and property
of the company and can do almost anything that he considers necessary.
He can:
- appoint
or dismiss directors
- deal
with assets that are subject to a floating charge as if that charge
did not exist (although the secured creditor retains rights over the
proceeds)
- he
needs the consent* of the court to dispose of assets secured by a fixed
charge or assets under retention of title, hire purchase, conditional
sale or chattel leasing agreements (unless the creditor agrees to their
sale)
*That consent will usually be forthcoming if he can persuade
the court that disposal will promote the purposes of the administration.
The secured creditor is, however, entitled to the net proceeds of sale
or the market value, whichever is higher.
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