When a company goes into administration, they have entered a legal process (under the Insolvency Act 1986) with the aim of achieving one of the statutory objectives of an administration. This may be to rescue a viable business that is insolvent due to cashflow problems.
What happens when a company goes into administration?
When a company enters administration the control of the company is passed to the appointed administrator (who must be a licensed insolvency practitioner). The administrator’s primary goal is to leverage the company’s assets to repay creditors as quickly and as fully as possible without preference.
What is the purpose of administration?
Purpose of an administration
Rescuing the company as a going concern. Achieving better results for the company’s creditors as a whole, than would be possible if the company were wound up without first being in administration.
Shareholders are key figures when placing a company into liquidation. The shareholders must pass a special resolution to place their company into liquidation. They play a fundamental part in commencing the process, as without a 75% vote in favour, an insolvent company cannot enter a CVL.
The contract still holds and you’ll still get your shares. Your money has been paid, you’ll receive the stock (but won’t be able to sell it) and you’ll get any value that comes to shareholders out of the administration process.
How long can companies stay in administration?
How long does the administration process last? The process can generally only last for up to 1 year, although this can be extended by the consent of the creditors and/or by the court. The administrator is also required to do everything as soon as reasonably practicable.
Do you get redundancy if the company goes into administration?
If your employer goes bust and no other employer steps in to buy the business from the insolvency administrator, you will normally be made redundant. If your employer is insolvent there may not be enough funds available to make redundancy payments.
Should you pay a company in administration?
A company goes into administration when it has serious cashflow problems and becomes insolvent. … If a creditor goes into administration, they’ll no longer offer new credit. However, if you owe money to them, any existing debt will still need to be paid.
Can a company come back from administration?
When considering payments to creditors there is a general order of priority during the administration process. The administration process normally ends automatically after the 1-year period is up. During this time, the company may have been rescued, in which case it can be passed back to the directors.
Who can put a company into administration?
A company can be placed into Administration one of three ways:
- A floating Charge Holder can appoint an Administrator,
- The Directors/Shareholders can appoint an Administrator, and.
- The Directors/Shareholders can apply to court to have the Company placed into Liquidation.
What are the principles of administration?
Principles of Good Administration
- Getting it right.
- Being customer focussed.
- Being open and accountable.
- Acting fairly and proportionately.
- Putting things right.
- Seeking continuous improvement.
Who is an administrator in company law?
The administrator has legal title over the company’s property and effectively acts as its agent. An administrator’s primary concern is the company’s creditors, not the shareholders. He or she controls and carries on the business and manages the company’s property and affairs to help creditors determine its fate.
Is administration the same as liquidation?
Administration: to rescue a company by restructuring or otherwise returning it to profitability. Liquidation: to wind up the company by realising its assets so that creditors/shareholders can be repaid.