Week 12 - Administrator's Objectives Flashcards

1
Q

Who can apply for a form for an administrative order?

A

The directors of the company who just realised that they are in trouble and need this supportive environment, or it could be a creditor who has been supplying materials and has realised they aren’t getting paid

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2
Q

What is the law governing administration?

A

The Insolvency Act

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3
Q

What is the first objective of an administrator?

A

Rescue the company as a going concern

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4
Q

What is the second objective of an administrator?

A

Achieve a better result for the company’s creditors as a whole than what the result would be if the company were wound up

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5
Q

What is the third objective of an administrator?

A

Realize property in order to make a distribution to one or more secured or preferential creditors

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6
Q

What are the first 2 things an administrator can do?

A
  • remove or appoint a director
  • call a meeting of members or creditors
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7
Q

What are the next 2 things an administrator can do?

A
  • apply to court for directors regarding the carrying out of their functions
  • make payments to secured or preferential creditors
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8
Q

What are the final 2 things an administrator can do?

A
  • make payments to unsecured creditors
  • present or defend a petition for the winding up of a company
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9
Q

What are the two ways an administrator can be appointed?

A

By the courts or by the directors

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10
Q

What is an administrator?

A

Someone who is an insolvency practitioner

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