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Enterprise Act 2002

Administration application – special cases

666.Paragraph 35 provides for a floating charge holder to apply to court for an administration order without the need to demonstrate that a company is or is likely to become unable to pay its debts. However, the court must be satisfied that the applicant would be entitled to appoint under paragraph 14 (out-of-court appointment by the holder of the floating charge).

667.If there is a winding-up order in relation to the company that would prevent an out-of-court appointment, the floating charge holder can still apply for administration through the court. If an administration order is made, the court will then discharge the winding-up order (paragraph 37). The liquidator may present an application for administration (paragraph 38).

668.Paragraph 39 sets out that, if an administrative receiver (AR) is in office, the court must dismiss an application for administration unless:

  • the appointee of the AR consents to the administration order; or

  • the court thinks that the appointee’s security may be set aside if an administration order were made.

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