Week 12 - Administrator's Objectives Flashcards
Who can apply for a form for an administrative order?
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
What is the law governing administration?
The Insolvency Act
What is the first objective of an administrator?
Rescue the company as a going concern
What is the second objective of an administrator?
Achieve a better result for the company’s creditors as a whole than what the result would be if the company were wound up
What is the third objective of an administrator?
Realize property in order to make a distribution to one or more secured or preferential creditors
What are the first 2 things an administrator can do?
- remove or appoint a director
- call a meeting of members or creditors
What are the next 2 things an administrator can do?
- apply to court for directors regarding the carrying out of their functions
- make payments to secured or preferential creditors
What are the final 2 things an administrator can do?
- make payments to unsecured creditors
- present or defend a petition for the winding up of a company
What are the two ways an administrator can be appointed?
By the courts or by the directors
What is an administrator?
Someone who is an insolvency practitioner