Administration Flashcards
What is an administration ?
The situation where a company having solvency problems is placed in the hands of Administrator appointed by the court,
the administration pocess helps to protect the business and will try to return it to solvency
Processes - Administration
1) The company via a majority of shareholders, the directors , a creditor, or any combination of them may apply to the
court for an administration order
2) Individual shareholders can’t make an application
3) No enforcement of retention of title clauses or no resolution
Or court order to wind up the company
4) Courts must be satisfiedtthe administration has a chance
of achieving its aims
5) Administrator must be qualified insolvency practitioner
Advantages of Administration
For companies:
1) it provides temporary breathing space to make a rescue plan
2) The business can continue to exist
3) The administrator maybe were willing to take the difficult
decisions needed to save the business
For shareholders:
1) if the administration is successful, the share value and
income should recover
For Creditors:
1) the process shoull achieve a better outcome for the creditors
2) Creditors can have continued business relations with the company once it has turned is fortunes around
Disadvantages of Administration
For Creditors
1) Some individual Creditors ( those with security or retention of title clauses ) may be disadvantaged