The Insolvency (England and Wales) Rules 2016

Notice of appointment without prior notice of intention to appoint

3.25.—(1) Notice of an appointment under paragraph 22 of Schedule B1 (when notice of intention to appoint has not been given under paragraph 26) must be headed “Notice of appointment of an administrator by a company (where a notice of intention to appoint has not been given)” or “Notice of appointment of an administrator by the directors of a company (where a notice of intention to appoint has not been given)” and must identify the company immediately below the heading.

(2) The notice must state the following—

(a)that the company has, or the directors have, as the case may be, appointed the person specified under sub-paragraph (b) as administrator of the company;

(b)the name and address of the person appointed as administrator;

(c)that a copy of the administrator’s consent to act accompanies the notice;

(d)that the company is or the directors are, as the case may be, entitled to make an appointment under paragraph 22 of Schedule B1;

(e)that the appointment is in accordance with Schedule B1;

(f)that the company has not within the preceding 12 months been—

(i)in administration,

(ii)the subject of a moratorium under Schedule A1 which ended on a date when no CVA was in force, or

(iii)the subject of a CVA which was made during a moratorium under Schedule A1 and which ended prematurely within the meaning of section 7B;

(g)that in relation to the company there is no—

(i)petition for winding up which has been presented but not yet disposed of,

(ii)administration application which has not yet been disposed of, or

(iii)administrative receiver in office;

(h)whether the company is an Article 1.2 undertaking;

(i)whether the proceedings flowing from the appointment will be main, secondary, territorial or non-EC proceedings and the reasons for so stating;

(j)that the notice is accompanied by—

(i)a copy of the resolution of the company to appoint an administrator, or

(ii)a record of the decision of the directors to appoint an administrator; and

(k)the date and time of the appointment.

(3) Where two or more administrators are appointed the notice must also specify (as required by paragraph 100(2) of Schedule B1)—

(a)which functions (if any) are to be exercised by those persons acting jointly; and

(b)which functions (if any) are to be exercised by any or all of those persons.

(4) The statutory declaration included in the notice in accordance with paragraphs 29(2) and 30 of Schedule B1 must—

(a)if the declaration is made on behalf of the person making the appointment, indicate the capacity in which the person making the declaration does so; and

(b)be made not more than five business days before the notice is filed with the court.