• PART 1: PART 1: ADMINISTRATION

    • Chapter 1 Chapter 1 — Nature of Administration

      • 1. Administration

        (1) For the purposes of these Regulations, "administrator" of a Company means a person appointed under this Part 1 (Administration) to manage the Company's affairs, business and property and "administrator" of a Deed of Company Arrangement means a person appointed under this Part 1 (Administration) to act as the administrator of a Deed of Company Arrangement.
        (2) For the purposes of this Part 1 (Administration) —
        (a) a Company is "in administration" while the appointment of an administrator of the Company has effect;
        (b) a Company "enters administration" when the appointment of an administrator of the Company takes effect;
        (c) a Company ceases to be in administration when the appointment of an administrator of the Company ceases to have effect in accordance with this Part 1 (Administration); and
        (d) a Company does not cease to be in administration merely because an administrator of the Company vacates office (by reason of resignation, death or otherwise) or is removed from office.
        (3) A person may be appointed as administrator of a Company —
        (a) by administration order of the Court under Section 6 (Administration order);
        (b) by the holder of a qualifying charge under Section 21 (Power to appoint); or
        (c) by the Company or its Directors under Section 29 (Power to appoint).

      • 2. Purpose of administration

        (1) The administrator of a Company must perform his functions with the objective of —
        (a) rescuing the Company as a going concern;
        (b) achieving a better result for the Company's creditors as a whole than would be likely if the Company were wound up (without first being in administration); or
        (c) realising property in order to make a distribution to one or more secured or preferential creditors.
        (2) Subject to subsection (4), the administrator of a Company must perform his functions in the interests of the Company's creditors as a whole.
        (3) The administrator of a Company must perform his functions with the objective specified in subsection (1)(a) unless he thinks either —
        (a) that it is not reasonably practicable to achieve that objective; or
        (b) that the objective specified in subsection (1)(b) would achieve a better result for the Company's creditors as a whole.
        (4) The administrator of a Company may perform his functions with the objective specified in subsection (1)(c) only if —
        (a) he thinks that it is not reasonably practicable to achieve either of the objectives specified in subsection (1)(a) and (b); and
        (b) he does not unnecessarily harm the interests of the creditors of the Company as a whole.

      • 3. Administrator

        The administrator of a company must perform his functions as quickly and efficiently as is reasonably practicable.

      • 4. Status of administrators

        An administrator of a Company and an administrator of a Deed of Company Arrangement is an officer of the Court (whether or not he is appointed by the Court).

      • 5. General restrictions

        (1) A person may be appointed as administrator of a Company or an administrator of a Deed of Company Arrangement only if he is licensed as an insolvency practitioner under the Commercial Licensing Regulations 2015.
        (2) A person may not be appointed as administrator of a Company which is in administration (subject to the provisions of Chapter 11 (Replacing Administrator) of Part 1 (Administration) about replacement and additional administrators).
        (3) A person may not be appointed as administrator of a Company which is in liquidation by virtue of —
        (a) a resolution for voluntary winding-up; or
        (b) a winding-up order.
        (4) Subsection (3)(a) is subject to Section 39(4) and (5) (Application where Company in liquidation).
        (5) Subsection (3)(b) is subject to Section 39 (Application where Company in liquidation).

    • Chapter 2 Chapter 2 — Appointment of Administrator by Court

      • 6. Administration order

        An administration order is an order appointing a person as the administrator of a Company.

      • 7. Conditions for making order

        The Court may make an administration order in relation to a Company only if satisfied —

        (a) that the Company is or is likely to become unable to pay its debts; and
        (b) that the administration order is reasonably likely to achieve the purpose of administration.

      • 8. Administration application

        (1) An application to the Court for an administration order in respect of a Company (an "administration application") may be made only by —
        (a) the Company;
        (b) the Directors of the Company;
        (c) one or more creditors of the Company; or
        (d) a combination of persons listed in paragraphs (a) to (c).
        (2) As soon as is reasonably practicable after the making of an administration application the applicant shall notify —
        (a) any person who has appointed an administrative receiver of the Company;
        (b) any person who is or may be entitled to appoint an administrative receiver of the Company;
        (c) any person who is or may be entitled to appoint an administrator of the Company under Section 21 (Power to appoint);
        (d) if an administrative receiver has been appointed, on him;
        (e) if there is pending a petition for the winding-up of the Company, on the petitioner (and also on the provisional liquidator, if any);
        (f) on the person proposed as administrator of the Company; and
        (g) on the Company, if the application is made by anyone other than the Company.
        (3) An administration application may not be withdrawn without the permission of the Court.
        (4) In subsection (1) "creditor" includes a contingent creditor and a prospective creditor.

      • 9. Witness statement in support of administration application

        (1) Where it is proposed to apply to the Court for an administration order to be made in relation to a Company, the administration application shall be in the prescribed form and a witness statement complying with Section 11 (Content of administration application and witness statement) must be prepared with a view to its being filed with the Court in support of the administration application.
        (2) If the administration application is to be made by the Company or by the Directors, the witness statement shall be made by one of the Directors, or the secretary of the Company, stating himself to make it on behalf of the Company or, as the case may be, on behalf of the Directors.
        (3) If the administration application is to be made by creditors, the witness statement shall be made by a person acting under the authority of them all, whether or not himself one of their number. In any case, there must be stated in the witness statement the nature of his authority and the means of his knowledge of the matters to which the witness statement relates.

      • 10. Form of administration application

        (1) If made by the Company or by the Directors, the administration application shall state the name of the Company and its address for service, which (in the absence of special reasons to the contrary) is that of the Company's registered office.
        (2) If the administration application is made by the Directors, it shall state that it is so made under Section 8(1)(b) (Administration application); but from and after making it, it is to be treated for all purposes as the administration application of the Company.
        (3) If made by a single creditor, the administration application shall state his name and address for service.
        (4) If the administration application is made by two or more creditors, it shall state that it is so made (naming them); but from and after making it, it is to be treated for all purposes as the administration application of only one of them, named in the administration application as applying on behalf of himself and other creditors. An address for service for that one shall be specified.
        (5) There shall be attached to the administration application a written statement which shall be in the prescribed form by each of the persons proposed to be administrator of a Company stating —
        (a) that he consents to accept appointment;
        (b) details of any prior professional relationship(s) that he has had with the Company to which he is to be appointed as administrator; and
        (c) his opinion that it is reasonably likely that the purpose of administration will be achieved.

      • 11. Content of administration application and witness statement

        (1) The administration application shall contain a statement of the applicant's belief that the Company is, or is likely to become, unable to pay its debts, except where the applicant is the holder of a qualifying charge and is making the application in reliance on Section 37 (Application by holder of qualifying charge).
        (2) There shall be attached to the administration application a witness statement in support which shall contain —
        (a) a statement of the Company's financial position, specifying (to the best of the applicant's knowledge and belief) the Company's assets and liabilities, including contingent and prospective liabilities;
        (b) details of any security known or believed to be held by creditors of the Company, and whether in any case the security is such as to confer power on the holder to appoint an administrative receiver or to appoint an administrator under Section 21 (Power to appoint). If an administrative receiver has been appointed, that fact shall be stated;
        (c) details of any Insolvency Proceedings in relation to the Company including any petition that has been presented for the winding-up of the Company so far as known to the applicant;
        (d) where it is intended to appoint a number of persons as administrators of a Company, details of the matters set out in Section 145(2) (Joint administrators) regarding the exercise of the function of the administrators of the Company; and
        (e) any other matters which, in the opinion of those intending to make the administration application, will assist the Court in deciding whether to make such an order, so far as lying within the knowledge or belief of the applicant.
        (3) Where the administration application is made by the holder of a qualifying charge in reliance on Section 37 (Application by holder of qualifying charge), he shall give sufficient details in the witness statement in support to satisfy the Court that he is entitled to appoint an administrator of the Company under Section 21 (Power to appoint).

      • 12. Filing of administration application

        (1) The administration application (and all supporting documents) shall be filed with the Court, with a sufficient number of copies for service and use as provided by Section 13 (Service of administration application) and in accordance with Part 7 (Applications to the Court) of Schedule 1 (Meetings, Time Limits, Notices and Documents).
        (2) Each of the copies filed shall have applied to it the seal of the Court and be issued to the applicant and on each copy there shall be endorsed the date and time of filing.
        (3) The Court shall fix a venue for the hearing of the administration application and this also shall be endorsed on each copy of the administration application issued under subsection (2).
        (4) After the administration application is filed, it is the duty of the applicant to notify the Court in writing of the existence of any Insolvency Proceedings.

      • 13. Service of administration application

        (1) In Section 8(2) (Administration application) and this Section, references to the administration application are to a copy of the administration application issued by the Court under Section 12(2) (Filing of administration application) together with the witness statement required by Section 11 (Content of administration application and witness statement) and the documents attached to the administration application.
        (2) Notification of the administration application for the purposes of Section 8(2) (Administration application) shall be by way of service in accordance with Section 15 (Manner in which service to be effected), verified in accordance with Section 16 (Proof of service).

      • 14. Notice to officers charged with execution of writs or other process

        The applicant shall as soon as reasonably practicable after filing the administration application give notice of its being made to —

        (a) any enforcement officer or other officer who, to his knowledge, is charged with an execution or other legal process against the Company or its property; and
        (b) any person who to his knowledge has distrained against the Company or its property.

      • 15. Manner in which service to be effected

        (1) Service of the administration application in accordance with Section 13 (Service of administration application) shall be effected by the applicant, or his solicitor or legal representative, or by a person instructed by him or his solicitor or legal representative, not less than five (5) business days before the date fixed for the hearing.
        (2) Service shall be effected as follows —
        (a) on the Company (subject to subsection (3)), by delivering the documents to its registered office;
        (b) on any other person (subject to subsection (4)), by delivering the documents to his proper address; and
        (c) in either case, in such other manner as the Court may direct.
        (3) If delivery to a Company's registered office is not practicable, service may be effected by delivery to its last known principal place of business in the Abu Dhabi Global Market.
        (4) For the purposes of subsection (2)(b), a person's proper address is any which he has previously notified as his address for service; but if he has not notified any such address, service may be effected by delivery to his usual or last known address.

      • 16. Proof of service

        (1) Service of the application must be verified by a certificate of service.
        (2) The certificate of service must be sufficient to identify the administration application served and must specify —
        (a) the name and registered number of the Company;
        (b) the address of the registered office of the Company;
        (c) the name of the applicant;
        (d) the Court reference number;
        (e) the date of the administration application;
        (f) whether the copy served was a sealed copy;
        (g) the date on which service was effected; and
        (h) the manner in which service was effected.
        (3) The certificate of service shall be filed with the Court as soon as reasonably practicable after service, and in any event not less than one (1) business day before the hearing of the administration application.

      • 17. Administration application to appoint specified person as administrator by holder of qualifying charge

        (1) Where the holder of a qualifying charge applies to the Court under Section 38(1)(b) (Intervention by holder of a qualifying charge), he shall produce to the Court —
        (a) the written consent of all holders of any prior qualifying charge;
        (b) a written statement in the prescribed form made by the specified person proposed by him as administrator of the Company; and
        (c) sufficient evidence to satisfy the Court that he is entitled to appoint an administrator of the Company under Section 21 (Power to appoint).
        (2) If an administration order is made appointing the specified person, the costs of the person who made the administration application and the applicant under Section 38(1)(b) (Intervention by holder of a qualifying charge) shall, unless the Court otherwise orders, be paid as an expense of the administration.

      • 18. Powers of Court

        (1) On hearing an administration application the Court may —
        (a) make the administration order sought;
        (b) dismiss the administration application;
        (c) adjourn the hearing conditionally or unconditionally;
        (d) make an interim order;
        (e) treat the administration application as a winding-up petition and make any order which the Court could make under Section 206 (Powers of Court on hearing of petition); and/or
        (f) make any other order which the Court thinks appropriate.
        (2) An appointment of an administrator of a Company by administration order takes effect —
        (a) at a time appointed by the order; or
        (b) where no time is appointed by the order, when the order is made.
        (3) An interim order under subsection (1)(d) may, in particular —
        (a) restrict the exercise of a power of the Directors or the Company; and/or
        (b) make provision conferring a discretion on the Court or on a person licensed to act as an insolvency practitioner in relation to the Company.
        (4) This Section is subject to Section 41 (Effect of administrative receivership).

      • 19. The hearing

        (1) At the hearing of the administration application, any of the following may appear or be represented —
        (a) the applicant;
        (b) the Company;
        (c) one or more of the Directors;
        (d) if an administrative receiver has been appointed, that person;
        (e) any person who has presented a petition for the winding-up of the Company;
        (f) the person proposed for appointment as administrator of the Company;
        (g) any person that is the holder of a qualifying charge; or
        (h) with the permission of the Court, any other person who appears to have an interest justifying his appearance.
        (2) If the Court makes an administration order, it shall be in the prescribed form.
        (3) If the Court makes an administration order, the costs of the applicant, and of any person whose costs are allowed by the Court, are payable as an expense of the administration.
        (4) Where the Court makes an administration order in relation to a Company upon an administration application under Section 39 (Application where Company in liquidation), the Court shall include in the order —
        (a) in the case of a liquidator appointed in a voluntary winding-up, his removal from office;
        (b) details concerning the release of the liquidator;
        (c) provision for payment of the expenses of the liquidation;
        (d) provisions regarding any indemnity given to the liquidator;
        (e) provisions regarding the handling or realisation of any of the Company's property in the hands of or under the control of the liquidator;
        (f) such provision as the Court thinks just with respect to matters arising in connection with the liquidation; and
        (g) such other provisions as the Court shall think just.

      • 20. Notice of administration order

        (1) If the Court makes an administration order, it shall as soon as reasonably practicable send two (2) sealed copies of the order to the person who made the administration application.
        (2) The applicant shall send a sealed copy of the order as soon as reasonably practicable to the person appointed as administrator of a Company.
        (3) If the Court makes an interim order under Section 18(1)(d) (Powers of Court) or any other order under Section 18(1)(f) (Powers of Court), it shall give directions as to the persons to whom, and how, notice of that order is to be given.

    • Chapter 3 Chapter 3 — Appointment of Administrator of a Company by Holder of Qualifying Charge

      • 21. Power to appoint

        (1) The holder of a qualifying charge in respect of a Company's property may appoint an administrator of the Company.
        (2) For the purposes of subsection (1) a charge qualifies if created by an instrument which —
        (a) states that this subsection applies to the charge;
        (b) purports to empower the holder of the charge to appoint an administrator of the Company; or
        (c) purports to empower the holder of the charge to make an appointment which would be the appointment of an administrative receiver within the meaning given by Section 152 (Appointment and powers of receivers and administrative receivers).
        (3) For the purposes of subsection (1) a person is the holder of a qualifying charge in respect of a Company's property if he holds one or more debentures of the Company secured —
        (a) by a qualifying charge which relates to the whole or substantially the whole of the Company's property; or
        (b) by a number of qualifying charges and other forms of security which together relate to the whole or substantially the whole of the Company's property.

      • 22. Restrictions on power to appoint

        (1) A person may not appoint an administrator of a Company under Section 21 (Power to appoint) unless —
        (a) he has given at least two business days' written notice of the intention to appoint to the holder of any prior charge which satisfies Section 21(2) (Power to appoint); or
        (b) the holder of any prior charge which satisfies Section 21(2) (Power to appoint) has consented in writing to the making of the appointment.
        (2) One charge is prior to another for the purposes of this Section and Section 140 (Substitution of administrator: competing qualifying charge-holder) if —
        (a) it is to be treated as having priority in accordance with an agreement to which the holder of each charge was party; or if there is no such agreement determining priority
        (b) it (or in the case of Section 21(3)(b) (Power to appoint), any charge or security forming part of it) is registered under section 784 (Charges created by a company) of the Companies Regulations 2015 and was created first.
        (3) An administrator of a Company may not be appointed under Section 21 (Power to appoint) while a charge on which the appointment relies is not enforceable.
        (4) An administrator of a Company may not be appointed under Section 21 (Power to appoint) if —
        (a) a provisional liquidator of the Company has been appointed under Section 210 (Appointment of provisional liquidator or of liquidator following administration); or
        (b) an administrative receiver of the Company is in office.

      • 23. Notice of appointment

        (1) A person who appoints an administrator of a Company under Section 21 (Power to appoint) shall file with the Court —
        (a) a notice of appointment in the prescribed form; and
        (b) the administrator's written statement in the prescribed form; and
        (c) either —
        (i) evidence that the person making the appointment has given such notice as may be required by Section 22(1)(a) (Restrictions on power to appoint); or
        (ii) copies of the written consent of all those required to give consent in accordance with Section 22(1)(b) (Restrictions on power to appoint); and
        (d) a statement of those matters provided for in Section 145(2) (Joint administrators), if applicable.
        (2) The notice of appointment must include a declaration (in a form prescribed by the Board in rules made by the Board) by or on behalf of the person who makes the appointment —
        (a) that the person is the holder of a qualifying charge in respect of the Company's property;
        (b) that each charge relied on in making the appointment is (or was) enforceable on the date of the appointment; and
        (c) that the appointment is in accordance with this Part 1 (Administration).
        (3) The notice of appointment must identify the administrator of the Company and must be accompanied by a statement by the administrator of the Company —
        (a) that he consents to the appointment;
        (b) that in his opinion the purpose of administration is reasonably likely to be achieved; and
        (c) giving such other information and opinions as may be prescribed.
        (4) For the purpose of a statement under subsection (3) an administrator of the Company may rely on information supplied by Directors of the Company (unless he has reason to doubt its accuracy).
        (5) A declaration under subsection (2) must be made not more than five (5) business days before the form is filed with the Court.
        (6) A person commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if in a declaration under subsection (2) he makes a statement —
        (a) which is false; and
        (b) which he does not reasonably believe to be true.

      • 24. Notice of intention to appoint

        (1) The notice of intention to appoint for the purposes of Section 46(2) (Interim moratorium) shall be in the prescribed form.
        (2) For the purposes of Section 46(2) (Interim moratorium), a copy of the prescribed form shall be filed with the Court at the same time as it is sent in accordance with Section 22(1) (Restrictions on power to appoint) to the holder of any prior qualifying charge.
        (3) The provisions of Section 15(2) to (4) (Manner in which service to be effected) shall apply to the sending of such notice as they apply to the manner in which service of an administration application is effected under that Section.

      • 25. Notice of appointment

        (1) Written consent may be given by the holder of a prior qualifying charge where a notice of intention to appoint an administrator of a Company has been given and filed with the Court in accordance with Section 24 (Notice of intention to appoint), by completing the section provided on the prescribed form and returning to the appointor a copy of the form.
        (2) Where the holder of a prior qualifying charge does not choose to complete the section provided on the prescribed form to indicate his consent, or no such form has been sent to him, his written consent shall include —
        (a) details of the name, address of registered office and registered number of the Company in respect of which the appointment is proposed to be made;
        (b) details of the charge held by him including the date it was registered and, where applicable, any financial limit and any deeds of priority;
        (c) his name and address;
        (d) the name and address of the holder of the qualifying charge who is proposing to make the appointment;
        (e) the date that notice of intention to appoint was given;
        (f) the name of the proposed administrator of the Company;
        (g) a statement of consent to the proposed appointment,
        and it shall be authenticated and dated.
        (3) This Section is subject to Section 27 (Appointment taking place out of Court business hours), the provisions of which apply when an appointment is to be made out of Court business hours.
        (4) Three copies of the notice of appointment shall be filed with the Court and shall have applied to them the seal of the Court and be endorsed with the date and time of filing.
        (5) The Court shall issue two of the sealed copies of the notice of appointment to the person making the appointment, who shall as soon as reasonably practicable send one of the sealed copies to the administrator of a Company.
        (6) Where, after receiving notice that an administration application has been made, the holder of a qualifying charge appoints an administrator of the Company in reliance on Section 21 (Power to appoint), he shall, as soon as reasonably practicable, send a copy of the notice of appointment to the person making the administration application and to the Court in which the application has been made.

      • 26. Commencement of appointment

        (1) The appointment of an administrator of a Company under Section 21 (Power to appoint) takes effect when the requirements of Section 23 (Notice of appointment) are satisfied.
        (2) A person who appoints an administrator of a Company under Section 21 (Power to appoint) —
        (a) shall notify the administrator of the Company and such other persons as may be prescribed as soon as is reasonably practicable after the requirements of Section 23 (Notice of appointment) are satisfied; and
        (b) commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if he fails without reasonable excuse to comply with paragraph (a).

      • 27. Appointment taking place out of Court business hours

        (1) The holder of a qualifying charge may file a notice of appointment with the Court, notwithstanding that the Court is not open for public business. When the Court is closed (and only when it is closed) a notice of appointment may be filed with the Court by faxing that form or sending it as an attachment to an e-mail in accordance with subsections (3) and (4). The notice of appointment shall be in the prescribed form.
        (2) The filing of a notice in accordance with this Section shall have the same effect for all purposes as a notice of appointment filed in accordance with Section 25 (Notice of appointment) with the Court.
        (3) The notice must be —
        (a) faxed to a designated telephone number; or
        (b) sent as an attachment by e-mail to a designated e-mail address,
        which must be provided by the Court for that purpose.
        (4) The Court must publish the designated telephone number and e-mail address on the Court website and, on request to the Court, make them available in writing.
        (5) The appointor shall ensure that —
        (a) a fax transmission report detailing the time and date of the fax transmission and the telephone number to which the notice was faxed and containing a copy of the first page (in part or in full) of the document faxed is created by the fax machine that is used to fax the form; or
        (b) a hard copy of the e-mail is created detailing the time and date of the e-mail and the address to which it was sent and containing a copy of the document sent as an attachment,
        as the case may be; and the appointor must retain the report or hard copy.
        (6) The appointment shall take effect from the date and time of the fax transmission or sending of the e-mail. The appointor shall notify the administrator of the Company, as soon as reasonably practicable, that the notice has been filed.
        (7) The copy of the faxed notice of appointment or the e-mail (or a hard copy of the e-mail) containing the notice of appointment as received by the Court (as the case may be), shall be forwarded as soon as reasonably practicable to the Court to be placed on the relevant Court file.
        (8) The appointor shall take three copies of the notice of appointment that was faxed to the designated telephone number, together with the transmission report or hard copy required by subsection (5) and all the necessary supporting documents listed on the prescribed form, to the Court on the next day that the Court is open for business.
        (9) The appointor shall attach to the notice a statement providing full reasons for the out of hours filing of the notice of appointment, including why it would have been damaging to the Company and its creditors not to have so acted.
        (10) The copies of the notice shall be sealed by the Court and shall be endorsed with the date and time when, according to the appointor's fax transmission report or hard copy of the e-mail, the notice was faxed or sent and the date when the notice and accompanying documents were delivered to the Court.
        (11) The administrator's appointment shall cease to have effect if the requirements of subsection (8) are not completed within the time period indicated in that subsection.
        (12) Where any question arises in respect of the date and time that the notice of appointment was filed with the Court it shall be a presumption capable of rebuttal that the date and time shown on the appointor's fax transmission report or hard copy of the e-mail is the date and time at which the notice was so filed.
        (13) The Court shall issue two of the sealed copies of the notice of appointment to the person making the appointment, who shall, as soon as reasonably practicable, send one of the copies to the administrator of a Company.

      • 28. Invalid appointment: indemnity

        (1) This Section applies where —
        (a) a person purports to appoint an administrator of a Company under Section 21 (Power to appoint); and
        (b) the appointment is discovered to be invalid.
        (2) The Court may order the person who purported to make the appointment to indemnify the person appointed against liability which arises solely by reason of the appointment's invalidity.

    • Chapter 4 Chapter 4 — Appointment of Administrator by Company or Directors

      • 29. Power to appoint

        (1) A Company may appoint an administrator of the Company.
        (2) The Directors of a Company may appoint an administrator of the Company.

      • 30. Restrictions on power to appoint

        (1) This Section applies where an administrator of a Company is appointed under Section 29 (Power to appoint).
        (2) An administrator of the Company may not be appointed under Section 29 (Power to appoint) during the period of twelve (12) months beginning with the date on which the appointment referred to in subsection (1) ceases to have effect.
        (3) An administrator of a Company may not be appointed under Section 29 (Power to appoint) if —
        (a) a petition for the winding-up of the Company has been presented and is not yet disposed of;
        (b) an administration application has been made and is not yet disposed of; or
        (c) an administrative receiver of the Company is in office.

      • 31. Notice of intention to appoint

        (1) A person who proposes to make an appointment under Section 29 (Power to appoint) shall give at least five business days' written notice to —
        (a) any person who is or may be entitled to appoint an administrative receiver of the Company; and
        (b) any person who is or may be entitled to appoint an administrator of the Company under Section 21 (Power to appoint).
        (2) A person who proposes to make an appointment under Section 29 (Power to appoint) shall also give a copy of the notice of intention to appoint to —
        (a) any enforcement officer who, to the knowledge of the person giving the notice, is charged with execution or other legal process against the Company;
        (b) any person who, to the knowledge of the person giving the notice, has distrained against the Company or its property; and
        (c) the Company, if the Company is not intending to make the appointment.
        (3) A notice under this Section must —
        (a) identify the proposed administrator of the Company; and
        (b) be in the prescribed form.
        (4) A person who gives notice of intention to appoint under this Section shall file with the Court as soon as is reasonably practicable a copy of —
        (a) the notice; and
        (b) any document accompanying it.
        (5) The copy filed under subsection (4) must be accompanied by a declaration (in a form prescribed by the Board in rules made by the Board) made by or on behalf of the person who proposes to make the appointment —
        (a) that the Company is or is likely to become unable to pay its debts;
        (b) that the Company is not in liquidation; and
        (c) that, so far as the person making the statement is able to ascertain, the appointment is not prevented by Section 30 (Restrictions on power to appoint); and
        (d) to such additional effect, and giving such information, as may be prescribed.
        (6) A declaration under subsection (5) must be made not more than five (5) business days before the notice is filed with the Court.
        (7) A person commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if in a declaration under subsection (5) he makes a statement —
        (a) which is false; and
        (b) which he does not reasonably believe to be true.
        (8) An appointment may not be made under Section 29 (Power to appoint) unless the person who makes the appointment has complied with any requirement of this Section and —
        (a) the period of notice specified in subsection (1) has expired; or
        (b) each person to whom notice has been given under subsection (1) has consented in writing to the making of the appointment.
        (9) An appointment may not be made under Section 29 (Power to appoint) after the period of ten (10) business days beginning with the date on which the notice of intention to appoint is filed under subsection (4).

      • 32. Notice of an intention to appoint

        (1) The provisions of Section 15(2) to (4) (Manner in which service to be effected) shall apply to the sending or giving of a notice of intention to appoint under Section 31 (Notice of an intention to appoint) as they apply to the manner in which service of an administration application is effected under that Section.
        (2) The notice of intention to appoint shall be accompanied by either a copy of the resolution of the Company to appoint an administrator of the Company (where the Company intends to make the appointment) or a record of the decision of the Directors (where the Directors intend to make the appointment).

      • 33. Notice of appointment

        (1) A person who appoints an administrator of a Company under Section 29 (Power to appoint) shall file with the Court —
        (a) a notice of appointment; and
        (b) such other documents as are prescribed by Section 34 (Notice of appointment under Section 29).
        (2) The notice of appointment must include a declaration (in a form prescribed by the Board in rules made by the Board) by or on behalf of the person who makes the appointment —
        (a) that the person is entitled to make an appointment under Section 29 (Power to appoint);
        (b) that the appointment is in accordance with this Part 1 (Administration); and
        (c) that, so far as the person making the statement is able to ascertain, the statements made and information given in the declaration filed with the notice of intention to appoint remain accurate.
        (3) The notice of appointment must identify the administrator of the Company and must be accompanied by a statement by the administrator —
        (a) that he consents to the appointment;
        (b) that in his opinion the purpose of administration is reasonably likely to be achieved; and
        (c) giving such other information and opinions as may be prescribed.
        (4) For the purpose of a statement under subsection (3) an administrator of a Company may rely on information supplied by Directors of the Company (unless he has reason to doubt its accuracy).
        (5) The notice of appointment shall be in the prescribed form, as appropriate. Any document accompanying it must be in the prescribed form.
        (6) A declaration under subsection (2) must be made not more than five (5) business days before the notice is filed with the Court.
        (7) A person commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if in a declaration under subsection (2) he makes a statement —
        (a) which is false; and
        (b) which he does not reasonably believe to be true.
        (8) In a case in which no person is entitled to notice of intention to appoint under Section 31(1) (Notice of intention to appoint) (and Section 31(8) and (9) (Notice of intention to appoint) therefore do not apply) —
        (a) the declaration accompanying the notice of appointment must include the statements and information required under Section 31(5) (Notice of intention to appoint); and
        (b) Section 34(1)(c) (Notice of appointment under Section 29) shall not apply.

      • 34. Notice of appointment under Section 29

        (1) The copies of the notice filed with the Court shall be accompanied by —
        (a) the written statement of the administrator of the Company in the prescribed form;
        (b) the written consent of all those persons to whom notice was given in accordance with Section 31(1) (Notice of intention to appoint) unless the period of notice set out in Section 31(1) (Notice of intention to appoint) has expired; and
        (c) a statement of the matters provided for in Section 145(2) (Joint administrators), where applicable.
        (2) Where a notice of intention to appoint an administrator of a Company has not been given, the notice of appointment shall be accompanied by the documents specified in Section 32(2) (Notice of an intention to appoint).
        (3) Three copies of the notice of appointment shall be filed with the Court and shall have applied to them the seal of the Court and be endorsed with the date and time of filing.
        (4) The Court shall issue two of the sealed copies of the notice of appointment to the person making the appointment who shall as soon as reasonably practicable send one of the sealed copies to the administrator of the Company.

      • 35. Commencement of appointment

        (1) The appointment of an administrator of a Company under Section 29 (Power to appoint) takes effect when the requirements of Section 33 (Notice of appointment) are satisfied.
        (2) A person who appoints an administrator of a Company under Section 29 (Power to appoint) —
        (a) shall notify the administrator of the Company and such other persons as may be prescribed as soon as is reasonably practicable after the requirements of Section 33 (Notice of appointment) are satisfied; and
        (b) commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if he fails without reasonable excuse to comply with paragraph (a).
        (3) If before the requirements of Section 33 (Notice of appointment) are satisfied the Company enters administration by virtue of an administration order or an appointment under Section 21 (Power to appoint) —
        (a) the appointment under Section 29 (Power to appoint) shall not take effect; and
        (b) subsection (2) shall not apply.
        (4) The notice of appointment to be given by the administrator of a Company as soon as reasonably practicable after appointment under Section 48(2) (Announcement of administrator's appointment) shall be published in the Abu Dhabi Global Market and may be advertised in such other manner as the administrator of the Company thinks fit.

      • 36. Invalid appointment: indemnity

        (1) This Section applies where —
        (a) a person purports to appoint an administrator of a Company under Section 29 (Power to appoint); and
        (b) the appointment is discovered to be invalid.
        (2) The Court may order the person who purported to make the appointment to indemnify the person appointed against liability which arises solely by reason of the appointment's invalidity.

    • Chapter 5 Chapter 5 — Administration Application (special cases)

      • 37. Application by holder of qualifying charge

        (1) This Section applies where an administration application in respect of a Company —
        (a) is made by the holder of a qualifying charge in respect of the Company's property; and
        (b) includes a statement that the application is made in reliance on this Section.
        (2) The Court may make an administration order —
        (a) whether or not satisfied that the Company is or is likely to become unable to pay its debts; but
        (b) only if satisfied that the applicant could appoint an administrator of the Company under Section 21 (Power to appoint).

      • 38. Intervention by holder of qualifying charge

        (1) This Section applies where —
        (a) an administration application in respect of a Company is made by a person who is not the holder of a qualifying charge in respect of the Company's property; and
        (b) the holder of a qualifying charge in respect of the Company's property applies to the Court to have a specified person appointed as administrator of the Company (and not the person specified by the administration applicant).
        (2) The Court shall grant an application under subsection (1)(b) unless the Court thinks it right to refuse the application because of the particular circumstances of the case.

      • 39. Application where Company in liquidation

        (1) Subsections (2) and (3) apply where the holder of a qualifying charge in respect of a Company's property could appoint an administrator of the Company under Section 21 (Power to appoint) but for Section 5(3)(b) (General restrictions).
        (2) The holder of the qualifying charge may make an administration application.
        (3) If the Court makes an administration order on hearing an application made by virtue of subsection (2) —
        (a) the Court shall discharge the winding-up order;
        (b) the Court shall make provision for such matters as may be prescribed;
        (c) the Court may make other consequential provision;
        (d) the Court shall specify which of the powers under this Part 1 (Administration) are to be exercisable by the administrator of the Company; and
        (e) this Part 1 (Administration) shall have effect with such modifications as the Court may specify.
        (4) The liquidator of a Company may make an administration application.
        (5) If the Court makes an administration order on hearing an application made by virtue of subsection (4) —
        (a) the Court shall discharge any winding-up order in respect of the Company;
        (b) the Court shall make provision for such matters as may be prescribed;
        (c) the Court may make other consequential provision;
        (d) the Court shall specify which of the powers under this Part 1 (Administration) are to be exercisable by the administrator of the Company; and
        (e) this Part 1 (Administration) shall have effect with such modifications as the Court may specify.

      • 40. Application where Company in liquidation

        (1) Where an administration application is made under Section 39 (Application where Company in liquidation), the witness statement required by Section 11 (Content of administration application and witness statement) shall contain —
        (a) full details of the existing Insolvency Proceedings, the name and address of the liquidator, the date he was appointed and by whom;
        (b) the reasons why it has subsequently been considered appropriate that an administration application should be made;
        (c) all other matters that would, in the opinion of the applicant, assist the Court in considering the need to make provisions in respect of matters arising in connection with the liquidation; and
        (d) the details required in Section 11(2) (Content of administration application and witness statement).
        (2) Where the application is made by the holder of a qualifying charge he shall set out sufficient evidence in the witness statement required by Section 11 (Content of administration application and witness statement) to satisfy the Court that he is entitled to appoint an administrator of the Company under Section 21 (Power to appoint).

      • 41. Effect of administrative receivership

        (1) Where there is an administrative receiver of a Company the Court must dismiss an administration application in respect of the Company unless —
        (a) the person by or on behalf of whom the receiver was appointed consents to the making of the administration order; or
        (b) the Court thinks that the security by virtue of which the receiver was appointed would be liable to be released or discharged under Sections 257 (Transactions at an undervalue) to 259 (Relevant time) if an administration order were made.
        (2) Subsection (1) applies whether the administrative receiver is appointed before or after the making of the administration application.

    • Chapter 6 Chapter 6 — Effect of Administration

      • 42. Dismissal of pending winding-up petition

        (1) A petition for the winding-up of a Company —
        (a) shall be dismissed on the making of an administration order in respect of the Company; and
        (b) shall be suspended while the Company is in administration following an appointment under Section 21 (Power to appoint).
        (2) Subsection (1)(b) does not apply to a petition presented under Section 203 (Petition for winding-up by the Financial Services Regulator).
        (3) Where an administrator of a Company becomes aware that a petition was presented under a provision referred to in subsection (2) before his appointment, he shall apply to the Court for directions under Section 95(7) (General powers).

      • 43. Dismissal of administrative or other receiver

        (1) When an administration order takes effect in respect of a Company any administrative receiver of the Company shall vacate office.
        (2) Where a Company is in administration, any receiver of part of the Company's property shall vacate office if the administrator of the Company requires him to.
        (3) Where an administrative receiver or receiver vacates office under subsection (1) or (2) his remuneration shall be charged on and paid out of any property of the Company which was in his custody or under his control immediately before he vacated office.
        (4) In the application of subsection (3) —
        (a) "remuneration" includes expenses properly incurred and any indemnity to which the administrative receiver or receiver is entitled out of the property of the Company;
        (b) the charge imposed takes priority over security held by the person by whom or on whose behalf the administrative receiver or receiver was appointed; and
        (c) the provision for payment is subject to Section 45 (Moratorium on other legal process).

      • 44. Moratorium on Insolvency Proceedings

        (1) This Section applies to a Company in administration.
        (2) No resolution may be passed for the winding-up of the Company.
        (3) No order may be made for the winding-up of the Company.
        (4) Subsection (3) does not apply to an order made on a petition presented under Section 203 (Petition for winding-up by the Financial Services Regulator).
        (5) If a petition presented under a provision referred to in subsection (4) comes to the attention of the administrator of the Company, he shall apply to the Court for directions under Section 95(7) (General powers).

      • 45. Moratorium on other legal process

        (1) This Section applies to a Company in administration.
        (2) No step may be taken to enforce security over the Company's property except —
        (a) with the consent of the administrator of the Company; or
        (b) with the permission of the Court.
        (3) No step may be taken to repossess goods in the Company's possession under a hire-purchase agreement except —
        (a) with the consent of the administrator of the Company; or
        (b) with the permission of the Court.
        (4) A landlord may not exercise a right of re-entry in relation to premises let to the Company except —
        (a) with the consent of the administrator of the Company; or
        (b) with the permission of the Court.
        (5) No legal process (including legal proceedings) may be instituted or continued against the Company or property of the Company except —
        (a) with the consent of the administrator of the Company; or
        (b) with the permission of the Court.
        (6) An administrative receiver of the Company may not be appointed.
        (7) Where the Court gives permission for a transaction under this Section it may impose a condition on, or a requirement in connection with, the transaction.
        (8) In this subsection "landlord" includes a person to whom rent is payable.

      • 46. Interim moratorium

        (1) This Section applies where an administration application in respect of a Company has been made and —
        (a) the application has not yet been granted or dismissed; or
        (b) the application has been granted but the administration order has not yet taken effect.
        (2) This Section also applies from the time when a copy of notice of intention to appoint an administrator of a Company under Section 21 (Power to appoint) is filed with the Court until —
        (a) the appointment of the administrator of the Company takes effect; or
        (b) the period of five business days beginning with the date of filing expires without an administrator of the Company having been appointed.
        (3) Subsection (2) has effect in relation to a notice of intention to appoint only if it is in the prescribed form.
        (4) This Section also applies from the time when a copy of a notice of intention to appoint an administrator of a Company is filed with the Court under Section 31(4) (Notice of intention to appoint) until —
        (a) the appointment of the administrator of the Company takes effect; or
        (b) the period specified in Section 31(9) (Notice of intention to appoint) expires without an administrator of the Company having been appointed.
        (5) The provisions of Sections 44 (Moratorium on Insolvency Proceedings) and 45 (Moratorium on other legal process) shall apply (ignoring any reference to the consent of the administrator of the Company).
        (6) If there is an administrative receiver of the Company when the administration application is made, the provisions of Sections 44 (Moratorium on Insolvency Proceedings) and 45 (Moratorium on other legal process) shall not begin to apply by virtue of this Section until the person by or on behalf of whom the receiver was appointed consents to the making of the administration order.
        (7) This Section does not prevent or require the permission of the Court for —
        (a) the presentation of a petition for the winding-up of the Company under a provision mentioned in Section 44(4) (Moratorium on Insolvency Proceedings);
        (b) the appointment of an administrator of the Company under Section 21 (Power to appoint);
        (c) the appointment of an administrative receiver of the Company; or
        (d) the carrying out by an administrative receiver (whenever appointed) of his functions.

      • 47. Publicity

        (1) While a Company is in administration, every business document issued by or on behalf of the Company or the administrator of the Company, and all the Company's websites, must state —
        (a) the name of the administrator of the Company; and
        (b) that the affairs, business and property of the Company are being managed by the administrator of the Company.
        (2) Any of the following persons commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if without reasonable excuse the person authorises or permits a contravention of subsection (1) —
        (a) the administrator of the Company;
        (b) an officer of the Company; and
        (c) the Company.
        (3) While a Company is subject to a Deed of Company Arrangement, every business document issued by or on behalf of the Company, and all the Company's websites must state that the Company is subject to a Deed of Company Arrangement, unless the Court otherwise grants leave.
        (4) Any of the following persons commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if without reasonable excuse the person authorises or permits a contravention of subsection (3) —
        (a) the administrator of the Deed of Company Arrangement;
        (b) an officer of the Company; and
        (c) the Company.
        (5) The Court may only grant leave under subsection (3) on the application of the administrator of the Deed of Company Arrangement or other interested party and only if it is satisfied that the granting of such leave will not result in a significant risk to the interests of the Company's creditors (including contingent or prospective creditors) as a whole.
        (6) In subsections (1) and (3) "business document" means —
        (a) an invoice;
        (b) an order for goods or services;
        (c) a business letter; and
        (d) an order form,
        whether in hard copy, electronic or any other form.

    • Chapter 7 Chapter 7 — Process of Administration

      • 48. Announcement of administrator's appointment

        (1) This Section applies where a person becomes the administrator of a Company.
        (2) As soon as is reasonably practicable the administrator shall —
        (a) send a notice of his appointment to the Company; and
        (b) publish a notice of his appointment on the Registrar's website or in an English language newspaper distributed in the United Arab Emirates and available in the Abu Dhabi Global Market.
        (3) As soon as is reasonably practicable the administrator shall —
        (a) obtain a list of the Company's creditors; and
        (b) send a notice of his appointment to each creditor of whose claim and address he is aware.
        (4) The administrator of the Company shall send a notice of his appointment to the Registrar before the end of the period of seven (7) days beginning with the date specified in subsection (6).
        (5) The administrator of the Company shall, as soon as reasonably practicable after the date specified in subsection (6), give notice of his appointment —
        (a) if a receiver or an administrative receiver has been appointed, to him;
        (b) if there is pending a petition for the winding-up of the Company, to the petitioner (and also to the provisional liquidator, if any);
        (c) to any enforcement officer who, to the knowledge of the administrator of the Company, is charged with execution or other legal process against the Company; and
        (d) to any person who, to the administrator's knowledge, has distrained against the Company or its property.
        (6) The date for the purpose of subsections (4) and (5) is —
        (a) in the case of an administrator of the Company appointed by administration order, the date of the order;
        (b) in the case of an administrator of the Company appointed under Section 21 (Power to appoint), the date on which he receives notice under Section 26(2) (Commencement of appointment); and
        (c) in the case of an administrator of the Company appointed under Section 29 (Power to appoint), the date on which he receives notice under Section 35(2) (Commencement of appointment).
        (7) The Court may direct that subsection (3)(b) or (5) —
        (a) shall not apply; or
        (b) shall apply with the substitution of a different period.
        (8) An administrator of a Company commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if he fails without reasonable excuse to comply with a requirement of this Section.

      • 49. Notification and advertisement of administrator's appointment

        (1) In addition to the standard contents, the notice under Section 48(5) (Announcement of administrator's appointment) must state —
        (a) that an administrator of the Company has been appointed;
        (b) the date of the appointment; and
        (c) the nature of the business of the Company.
        (2) Where, under a provision of this Part 1 (Administration), the administrator of a Company is required to send a notice of his appointment to any person other than the Registrar, he shall do so in the prescribed form.

      • 50. Notice requiring Statement of Affairs

        (1) As soon as reasonably practicable after his appointment, the administrator of a Company shall send notice in the prescribed form to each relevant person whom he determines appropriate requiring him or them to prepare and submit a statement of the Company's affairs.
        (2) The notice shall inform each of the relevant persons —
        (a) of the names and addresses of all others (if any) to whom the same notice has been sent;
        (b) of the time within which the statement must be delivered;
        (c) of the effect of Section 51(7) (Statement of Company's affairs); and
        (d) of the application to him, and to each other relevant person, of Section 255 (Duty to cooperate with Office-holder).
        (3) The administrator of a Company shall furnish each relevant person to whom he has sent notice in the prescribed form with the forms required for the preparation of the Statement of Affairs.

      • 51. Statement of Company's affairs

        (1) The statement of Company's affairs must —
        (a) be verified by a statement of truth by each relevant person in accordance with the Civil Procedure Rules;
        (b) be in the prescribed form, containing all the particulars required by that form;
        (c) give particulars of the Company's property, debts and liabilities;
        (d) give the names and addresses of the Company's creditors;
        (e) specify the security held by each creditor;
        (f) give the date on which each security was granted; and
        (g) contain such other information as may be prescribed.
        (2) In this Chapter "relevant person" means —
        (a) a person who is or has been an officer of the Company;
        (b) a person who took part in the formation of the Company during the period of one year ending with the date on which the Company enters administration;
        (c) a person employed by the Company during that period; and
        (d) a person who is or has been during that period an officer or employee of a Company which is or has been during that year an officer of the Company.
        (3) For the purpose of subsection (2) a reference to employment is a reference to employment through a contract of employment or a contract for services.
        (4) A person required to submit a Statement of Affairs must do so before the end of the period of eleven (11) days beginning with the day on which he receives notice of the requirement.
        (5) The administrator of a Company may —
        (a) revoke a requirement under Section 50(1) (Notice requiring Statement of Affairs); or
        (b) extend the period specified in subsection (4) (whether before or after expiry).
        (6) If the administrator of a Company refuses a request to act under subsection (5) —
        (a) the person whose request is refused may apply to the Court; and
        (b) the Court may take action of a kind specified in subsection (5).
        (7) A person commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if he fails without reasonable excuse to comply with a requirement under Section 50(1) (Notice requiring Statement of Affairs).

      • 52. Verification and filing

        (1) The administrator of a Company may require any relevant person to submit a statement of concurrence in the prescribed form stating that he concurs in the Statement of Affairs. Where the administrator of a Company does so, he shall inform each person making the Statement of Affairs of that fact.
        (2) The Statement of Affairs shall be delivered by the relevant person or persons making the statement of truth, together with a copy, to the administrator of the Company. The relevant person or persons shall also deliver a copy of the Statement of Affairs to all those persons whom the administrator of the Company has required to make a statement of concurrence.
        (3) A person required to submit a statement of concurrence shall do so before the end of the period of five (5) business days (or such other period as the administrator of the Company may agree) beginning with the day on which the Statement of Affairs being concurred with is received by him.
        (4) A statement of concurrence may be qualified in respect of matters dealt with in the Statement of Affairs, where the maker of the statement of concurrence is not in agreement with the relevant person or persons, or he considers the Statement of Affairs to be erroneous or misleading, or he is without the direct knowledge necessary for concurring with it.
        (5) Every statement of concurrence shall be verified by a statement of truth and be delivered to the administrator of the Company by the person who makes it, together with a copy of it.
        (6) Subject to Section 53 (Limited disclosure), the administrator of a Company shall as soon as reasonably practicable send to the Registrar a copy of the Statement of Affairs and any statement of concurrence.

      • 53. Limited disclosure

        (1) Where the administrator of a Company thinks that it would prejudice the conduct of the administration or might reasonably be expected to lead to violence against any person for the whole or part of the statement of the Company's affairs to be disclosed, he may apply to the Court for an order of limited disclosure in respect of the statement, or any specified part of it.
        (2) The Court may, on such application, order that the statement or, as the case may be, the specified part of it, shall not be filed with the Registrar.
        (3) The administrator of a Company shall as soon as reasonably practicable send to the Registrar a copy of the order and the Statement of Affairs (to the extent provided by the order) and any statement of concurrence.
        (4) If a creditor seeks disclosure of a Statement of Affairs or a specified part of it in relation to which an order has been made under this Section, he may apply to the Court for an order that the administrator of a Company disclose it or a specified part of it. The application shall be supported by written evidence in the form of a witness statement.
        (5) The applicant shall give the administrator of a Company notice of his application at least three (3) business days before the hearing.
        (6) The Court may make any order for disclosure subject to any conditions as to confidentiality, duration, the scope of the order in the event of any change of circumstances, or other matters as it sees just.
        (7) If there is a material change in circumstances rendering the limit on disclosure or any part of it unnecessary, the administrator of a Company shall, as soon as reasonably practicable after the change, apply to the Court for the order or any part of it to be rescinded.
        (8) The administrator of a Company shall, as soon as reasonably practicable after the making of an order under subsection (7), file with the Registrar a copy of the Statement of Affairs to the extent provided by the order.
        (9) When the Statement of Affairs is filed in accordance with subsection (8), the administrator of a Company shall, where he has sent a statement of proposals under Section 56 (Administrator's proposals), provide the creditors with a copy of the Statement of Affairs as filed, or a summary thereof.
        (10) The provisions of the Civil Procedure Rules relating to disclosure and inspection of documents shall not apply to an application under this Section.

      • 54. Release from duty to submit statement of Affairs; extension of time

        (1) The power of the administrator of a Company under Section 51(5) (Statement of Company's affairs) to give a release from the obligation imposed by Section 50(1) (Notice requiring Statement of Affairs), or to grant an extension of time, may be exercised at his own discretion, or at the request of any relevant person.
        (2) A relevant person may, if he requests a release or extension of time and it is refused by the administrator of a Company, apply to the Court for it.
        (3) The Court may, if it thinks that no sufficient cause is shown for the application, dismiss it without a hearing but it shall not do so without giving the relevant person at least five (5) business days' notice, upon receipt of which the relevant person may request the Court to list the application for a without notice hearing. If the application is not dismissed the Court shall fix a venue for it to be heard, and give notice to the relevant person accordingly.
        (4) The relevant person shall, at least fourteen (14) days before the hearing, send to the administrator of the Company a notice stating the venue and accompanied by a copy of the application and of any evidence which he (the relevant person) intends to adduce in support of it.
        (5) The administrator of a Company may appear and be heard on the application and, whether or not he appears, he may file a written report of any matters which he considers ought to be drawn to the Court's attention.
        (6) If such a report is filed, a copy of it shall be sent by the administrator of the Company to the relevant person, not later than five (5) business days before the hearing.
        (7) Sealed copies of any order made on the application shall be sent by the Court to the relevant person and the administrator of the Company.
        (8) On any application under this Section the relevant person's costs shall be paid in any event by him and, unless the Court otherwise orders, no allowance towards them shall be made as an expense of the administration.

      • 55. Expense of Statement of Affairs

        (1) A relevant person making the Statement of Affairs of the Company or statement of concurrence shall be allowed, and paid by the administrator of the Company as an expense of the administration, any expenses incurred by the relevant person in so doing which the administrator of the Company considers reasonable.
        (2) Any decision by the administrator of a Company under this Section is subject to appeal to the Court.
        (3) Nothing in this Section relieves a relevant person from any obligation with respect to the preparation, verification and submission of the Statement of Affairs, or to the provision of information to the administrator of a Company.

      • 56. Administrator's proposals

        (1) The administrator of a Company shall make a statement setting out proposals for achieving the purpose of administration.
        (2) A statement under subsection (1) must, in particular —
        (a) deal with such matters as may be prescribed; and
        (b) where applicable, explain why the administrator of the Company thinks that the objective mentioned in Section 2(1)(a) or 2(1)(b) (Purpose of Administration) cannot be achieved.
        (3) Proposals under this Section may include —
        (a) a proposal for a compromise or arrangement to be sanctioned under Part 25 (Arrangements and Reconstructions) of the Companies Regulations 2015; or
        (b) a proposal for a Deed of Company Arrangement.
        (4) If the administrator of a Company proposes a Deed of Company Arrangement, the statement of his proposals shall include —
        (a) a statement that in his opinion it would be in the creditors' interest for the Company to execute a Deed of Company Arrangement;
        (b) the reasons for such opinion; and
        (c) details of the proposed Deed of Company Arrangement.
        (5) The administrator shall send a copy of the statement of his proposals —
        (a) to the Registrar;
        (b) to every creditor of the Company (other than an opted-out creditor) of whose claim and address he is aware; and
        (c) to every member of the Company of whose address he is aware.
        (6) The administrator shall comply with subsection (5) —
        (a) as soon as is reasonably practicable after the Company enters administration; and
        (b) in any event, before the end of the period of eight (8) weeks beginning with the day on which the Company enters administration.
        (7) The administrator shall be taken to comply with subsection (5)(c) if he publishes in the prescribed manner a notice undertaking to provide a copy of the statement of proposals free of charge to any member of the Company who applies in writing to a specified address.
        (8) An administrator commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if he fails without reasonable excuse to comply with subsection (6).
        (9) A period specified in this Section may be varied in accordance with Section 151 (Extension of time limit).

      • 57. Administrator's statement of proposals

        (1) The statement of proposals of an administrator of a Company shall include, in addition to those matters set out in Section 56 (Administrator's proposals) —
        (a) details of the relevant Court reference number;
        (b) the full name, registered address, registered number and any other trading names of the Company;
        (c) details relating to his appointment as administrator, including the date of appointment and the person making the application or appointment and, where there are joint administrators, details of the matters set out in Section 145(2) (Joint administrators);
        (d) the names of the Directors and secretary of the Company and details of any shareholdings in the Company they may have;
        (e) an account of the circumstances giving rise to the appointment of the administrator of the Company;
        (f) if a statement of the Company's affairs has been submitted, a copy or summary of it, with the comments of the administrator of the Company, if any;
        (g) if an order limiting the disclosure of the Statement of Affairs (under Section 53 (Limited disclosure)) has been made, a statement of that fact, as well as —
        (i) details of who provided the Statement of Affairs;
        (ii) the date of the order of limited disclosure; and
        (iii) the details or a summary of the details that are not subject to that order;
        (h) if a full Statement of Affairs is not provided, the names, addresses and debts of the creditors including details of any security held;
        (i) if no Statement of Affairs has been submitted, details of the financial position of the Company at the latest practicable date (which must, unless the Court otherwise orders, be a date not earlier than that on which the Company entered administration), a list of the Company's creditors including their names, addresses and details of their debts, including any security held, and an explanation as to why there is no Statement of Affairs;
        (j) the basis upon which it is proposed that the remuneration of the administrator of the Company should be fixed under Section 109 (Fixing of an administrator's remuneration) and Schedule 12 (Remuneration);
        (k) a statement complying with subsection (3) of any pre-administration costs charged or incurred by the administrator of the Company or, to his knowledge, by any other person licensed as an insolvency practitioner;
        (l) a statement (which must comply with subsection (4) where that subsection applies) of how it is envisaged the purpose of the administration will be achieved and how it is proposed that the administration shall end;
        (m) where the administrator of the Company has decided not to call a meeting of creditors, his reasons;
        (n) the manner in which the affairs and business of the Company —
        (i) have, since the date of the appointment of the administrator of the Company, been managed and financed, including, where any property has been disposed of, the reasons for such disposals and the terms upon which such disposals were made; and
        (ii) will, if the proposals of the administrator of the Company are approved, continue to be managed and financed;
        (o) such information as may be recommended to be disclosed by guidance, statements or recommendations, which are approved, adopted or issued by any regulatory authority which has licensed the administrator; and
        (p) such other information (if any) as the administrator of the Company thinks necessary to enable creditors to decide whether or not to vote for the adoption of the proposals.
        (2) In this Part —
        (a) "pre-administration costs" are —
        (i) fees charged; and
        (ii) expenses incurred,
        by the administrator of a Company, or another person licensed as an insolvency practitioner, before the Company entered administration but with a view to its doing so; and
        (b) "unpaid pre-administration costs" are pre-administration costs which had not been paid when the Company entered administration.
        (3) A statement of pre-administration costs complies with this Section if it includes —
        (a) details of any agreement under which the fees were charged and expenses incurred, including the parties to the agreement and the date on which the agreement was made;
        (b) details of the work done for which the fees were charged and expenses incurred;
        (c) an explanation of why the work was done before the Company entered administration and how it would further the achievement of an objective in Section 2(1) (Purpose of administration) in accordance with Sections 2(2) to 2(4) (Purpose of administration);
        (d) a statement of the amount of the pre-administration costs, setting out separately —
        (i) the fees charged by the administrator of the Company;
        (ii) the expenses incurred by the administrator of the Company;
        (iii) the fees charged (to his knowledge) by any other person licensed as an insolvency practitioner (and, if more than one, by each separately); and
        (iv) the expenses incurred (to his knowledge) by any other person as an insolvency practitioner (and, if more than one, by each separately);
        (e) a statement of the amounts of pre-administration costs which have already been paid (set out separately as under paragraph (d));
        (f) the identity of the person who made the payment or, if more than one person made the payment, the identity of each such person and of the amounts paid by each such person set out separately as under paragraph (d);
        (g) a statement of the amounts of unpaid pre-administration costs (set out separately as under paragraph (d)); and
        (h) a statement that the payment of unpaid pre-administration costs as an expense of the administration is —
        (i) subject to approval under Section 108 (Pre-administration costs); and
        (ii) not part of the proposals subject to approval under Section 64 (Business and result of initial creditors' meeting).
        (4) This subsection applies where it is proposed that the administration will end by the Company moving to a creditors' voluntary liquidation; and in that case, the statement required by subsection (1)(l) must include —
        (a) details of the proposed liquidator; and
        (b) a statement that the creditors may, before the proposals are approved, nominate a different person as liquidator in accordance with Section 122(6)(a) (Moving to creditors' voluntary liquidation) and Section 123(2)(b) (Moving to creditors' voluntary liquidation).
        (5) Where the Court orders, upon an application by the administrator of a Company under Section 151 (Extension of time limit), an extension of the period of time in Section 56(6) (Administrator's proposals), the administrator of the Company must as soon as reasonably practicable after the making of the order —
        (a) notify in the prescribed form every creditor of the Company and every member of the Company of whose address (in either case) the administrator of the Company is aware; and
        (b) send a copy of the notification to the Registrar.
        (6) Where the administrator of a Company has made a statement under Section 61(6) (Requirement for initial creditors' meeting) and has not called an initial meeting of creditors, the proposals sent out under this Section and Section 56 (Administrator's proposals) will (if no meeting has been requisitioned under Section 61(7) (Requirement for initial creditors' meeting) within the period set out in Section 62 (Meeting requisitioned by creditors)) be deemed to have been approved by the creditors.
        (7) Where proposals are deemed under subsection (6) to have been approved, the administrator of a Company must, as soon as reasonably practicable after expiry of the period set out in Section 62 (Meeting requisitioned by creditors) give notice of the date on which they were deemed to have been approved to the Registrar, the Court and the creditors; and a copy of the proposals must be attached to the notice given to the Court and to creditors who have not previously received them.
        (8) Where the administrator of a Company intends to apply to the Court (or file a notice under Section 115(2) (Termination of administration where objective achieved)) for the administration to cease at a time before he has sent a statement of his proposals to creditors in accordance with Section 56 (Administrator's proposals), he shall, at least seven (7) business days before he makes such an application (or files such a notice), send to all creditors of the Company (so far as he is aware of their addresses) a report containing the information required by subsections (1)(a) to (o) of this Section.
        (9) Where the administrator of a Company wishes to publish a notice under Section 56(7) (Administrator's proposals), the notice shall be advertised in such manner as he thinks fit.
        (10) In addition to the standard contents, the notice under subsection (9) must state —
        (a) that members can write for a copy of the statement of proposals for achieving the purpose of administration; and
        (b) the address to which to write.
        (11) This notice must be published as soon as reasonably practicable after the administrator of the Company sends his statement of proposals to the Company's creditors but no later than eight (8) weeks (or such other period as may be agreed by the creditors or as the Court may order) from the date that the Company entered administration.

      • 58. Limited disclosure of statement of proposals

        (1) Where the administrator of a Company thinks that it would prejudice the conduct of the administration or might reasonably be expected to lead to violence against any person for any of the matters specified in Section 57(1)(h) and 57(1)(i) (Administrator's statement of proposals) to be disclosed, the administrator of the Company may apply to the Court for an order of limited disclosure in respect of any specified part of the statement under this Section.
        (2) The Court may, on such application, order that some or all of the specified part of the statement must not be sent to the Registrar or to creditors or members of the Company as otherwise required by Section 56(5) (Administrator's proposals).
        (3) The administrator of a Company must as soon as reasonably practicable send to the persons specified in Section 56(5) (Administrator's proposals) the statement under Section 56 (Administrator's proposals) (to the extent provided by the order) and an indication of the nature of the matter in relation to which the order was made.
        (4) The administrator of the Company must also send a copy of the order to the Registrar.
        (5) A creditor who seeks disclosure of a part of a statement under Section 56 (Administrator's proposals) in relation to which an order has been made under this Section may apply to the Court for an order that the administrator of the Company disclose it. The application must be supported by written evidence in the form of a witness statement.
        (6) The applicant must give the administrator of the Company notice of the application at least three (3) business days before the hearing.
        (7) The Court may make any order for disclosure subject to any conditions as to confidentiality, duration, the scope of the order in the event of any change of circumstances, or other matters as it sees just.
        (8) If there is a material change in circumstances rendering the limit on disclosure or any part of it unnecessary, the administrator of the Company must, as soon as reasonably practicable after the change, apply to the Court for the order or any part of it to be rescinded.
        (9) The administrator of a Company must, as soon as reasonably practicable after the making of an order under subsection (8), send to the persons specified in Section 56(5) (Administrator's proposals) a copy of the statement under Section 56 (Administrator's proposals) to the extent provided by the order.
        (10) The provisions of the Civil Procedure Rules relating to disclosure and inspection of documents do not apply to an application under this Section.

      • 59. Creditors' meetings

        In this Part 1 (Administration) "creditors' meeting" means a meeting of creditors of a Company summoned by the administrator of the Company in accordance with Schedule 6 (Meetings and Correspondence).

      • 60. Creditors' meetings generally

        Creditors' meetings shall be conducted in accordance with Schedule 6 (Meetings and Correspondence).

      • 61. Requirement for initial creditors' meeting

        (1) Each copy of an administrator's statement of proposals sent to a creditor under Section 56(5)(b) (Administrator's proposals) must be accompanied by an invitation to a creditors' meeting (an "initial creditors' meeting").
        (2) The date set for an initial creditors' meeting must be —
        (a) as soon as is reasonably practicable after the Company enters administration; and
        (b) in any event, within the period of ten (10) weeks beginning with the date on which the Company enters administration.
        (3) An administrator of the Company shall present a copy of his statement of proposals to an initial creditors' meeting.
        (4) A period specified in this Section may be varied in accordance with Section 151 (Extension of time limit).
        (5) An administrator of a Company commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if he fails without reasonable excuse to comply with a requirement of this Section.
        (6) Subsection (1) shall not apply where the statement of proposals states that the administrator of the Company thinks —
        (a) that the Company has sufficient property to enable each creditor of the Company to be paid in full;
        (b) that the Company has insufficient property to enable a distribution to be made to unsecured creditors; or
        (c) that neither of the objectives specified in Section 2(1)(a) and (b) (Purpose of administration) can be achieved.
        (7) But the administrator of a Company shall summon an initial creditors' meeting if it is requested by creditors of the Company whose debts amount to at least ten (10)% of the total debts of the Company.
        (8) A meeting requested under subsection (7) must be summoned for a date in the prescribed period.

      • 62. Meeting requisitioned by creditors

        The request for a creditors' meeting under Section 61(7) (Requirement for initial creditors' meeting) or Section 71(1) (Further creditors' meetings) or a meeting of creditors under Section 90 (Meeting of creditors to consider variation or termination) shall be in the prescribed form and be delivered in accordance with paragraph 13 (Requisition of Meetings) of Schedule 6 (Meetings and Correspondence). A request for an initial creditors' meeting must be made within eight (8) business days of the date on which the statement of proposals of the administrator of the Company is sent out.

      • 63. Correspondence

        (1) Anything which is required or permitted by or under this Part to be done at a creditors' meeting or a meeting of creditors may be done by correspondence between the administrator and creditors —
        (a) in accordance with these Regulations (including Schedule 6 (Meetings and Correspondence)); and
        (b) subject to any prescribed condition.
        (2) A reference in this Part to anything done at a creditors' meeting or a meeting of creditors includes a reference to anything done in the course of correspondence in reliance on subsection (1).
        (3) A requirement to hold a creditors' meeting or a meeting of creditors is satisfied by conducting correspondence in accordance with this Section.

      • 64. Business and result of initial creditors' meeting

        (1) An initial creditors' meeting to which an administrator's proposals are presented shall consider them and may —
        (a) approve them without modification; or
        (b) approve them with modification to which the administrator of the Company consents.
        (2) Subject to subsection (1), the initial creditors' meeting may resolve that the Company execute a Deed of Company Arrangement specified in the resolution (even if it differs from the proposed Deed of Company Arrangement, details of which were included in the statement of proposals of the administrator of the Company).
        (3) After the conclusion of an initial creditors' meeting the administrator of the Company shall as soon as is reasonably practicable report any decision taken to —
        (a) the Court;
        (b) the Registrar; and
        (c) such other persons as may be prescribed.
        (4) An administrator of a Company commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if he fails without reasonable excuse to comply with subsection (3).

      • 65. Revision of administrator's proposals

        (1) This Section applies where —
        (a) the proposals of an administrator of a Company have been approved (with or without modification) at an initial creditors' meeting;
        (b) he proposes a revision to the proposals; and
        (c) he thinks that the proposed revision is substantial.
        (2) The administrator of the Company shall —
        (a) summon a creditors' meeting;
        (b) send a statement in the prescribed form of the proposed revision with the notice of the meeting sent to each creditor who is not an opted-out creditor;
        (c) send a copy of the statement, within five (5) business days of sending out the statement in accordance with paragraph (b), to each member of the Company of whose address he is aware; and
        (d) present a copy of the statement to the meeting.
        (3) The administrator of a Company shall be taken to have complied with subsection (2)(c) if he publishes (in such a manner as he thinks fit) a notice undertaking to provide a copy of the statement free of charge to any member of the Company who applies in writing to a specified address.
        (4) A notice under subsection (3) must be published —
        (a) in the prescribed manner; and
        (b) within the prescribed period.
        (5) A creditors' meeting to which a proposed revision is presented shall consider it and may —
        (a) approve it without modification; or
        (b) approve it with modification to which the administrator of the Company consents.
        (6) Subject to subsection (5), the creditors' meeting may resolve that the Company execute a Deed of Company Arrangement specified in the resolution (even if it differs from the proposed Deed of Company Arrangement, details of which were included in the statement of revised proposals of the administrator of the Company).
        (7) After the conclusion of a creditors' meeting the administrator of the Company shall as soon as is reasonably practicable report any decision taken to —
        (a) the Court;
        (b) the Registrar; and
        (c) such other persons as may be prescribed.
        (8) An administrator of a Company commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if he fails without reasonable excuse to comply with subsection (7).

      • 66. Contents of the administrator's revised proposals

        (1) The statement of revised proposals shall include —
        (a) the relevant Court reference number;
        (b) the full name, registered address, registered number and any other trading names of the Company;
        (c) details relating to his appointment as administrator of the Company, including the date of appointment and the person making the administration application or appointment;
        (d) the names of the Directors and secretary of the Company and details of any shareholdings in the Company they may have;
        (e) a summary of the initial proposals and the reason(s) for proposing a revision;
        (f) details of the proposed revision including details of the assessment (by the administrator of the Company) of the likely impact of the proposed revision upon creditors generally or upon each class of creditors (as the case may be);
        (g) if the proposed revision includes a proposal for a Deed of Company Arrangement, the matters described at Section 56(4) (Administrator's proposals);
        (h) where a proposed revision relates to the ending of the administration by a creditors' voluntary liquidation and the nomination of a person to be the proposed liquidator of the Company —
        (i) details of the proposed liquidator; and
        (ii) a statement that the creditors may, before the proposals are approved, nominate a different person as liquidator in accordance with Section 122(6)(a) (Moving to creditors' voluntary liquidation) and Section 123(2)(b) (Moving to creditors' voluntary liquidation); and
        (i) any other information that the administrator of the Company thinks necessary to enable creditors to decide whether or not to vote for the proposed revisions.

      • 67. Failure to obtain approval of administrator's proposals

        (1) This Section applies where an administrator of a Company reports to the Court that —
        (a) an initial creditors' meeting has failed to approve his proposals presented to it; or
        (b) a creditors' meeting has failed to approve a revision of his proposals presented to it.
        (2) The Court may —
        (a) provide that the appointment of an administrator of a Company shall cease to have effect from a specified time;
        (b) adjourn the hearing conditionally or unconditionally;
        (c) make an interim order;
        (d) make an order on a petition for winding-up suspended by virtue of Section 42(1)(b) (Dismissal of pending winding-up petition); and/or
        (e) make any other order (including an order making consequential provision) that the Court thinks appropriate.

      • 68. Notice to creditors

        (1) As soon as reasonably practicable after the conclusion of a creditors' meeting to consider his proposals or revised proposals, the administrator of a Company shall —
        (a) send notice in the prescribed form of the result of the meeting to every creditor and to every other person who received a copy of the original proposals;
        (b) attach a copy of the proposals considered at the meeting to the notice sent to each creditor who did not receive notice of the meeting but of whose claim the administrator of the Company has subsequently become aware; and
        (c) file with the Court a copy of the proposals considered at the meeting and notice of the result of the meeting.

      • 69. Reports to creditors

        (1) "Progress report" means a report which includes —
        (a) details of the relevant Court reference number;
        (b) full details of the Company's name, address of registered office and registered number;
        (c) full details of the name, address and date of appointment of the administrator of the Company and name and address of appointor, including any changes in Office-holder, and, in the case of joint administrators of a Company, their functions as set out in the statement made for the purposes of Section 145(2) (Joint administrators);
        (d) details of any extensions to the initial period of appointment;
        (e) details of the basis fixed for the remuneration of the administrator of the Company under Section 109 (Fixing of administrator's remuneration) and Schedule 12 (Remuneration) (or if not fixed at the date of the report, the steps taken during the period of the report to fix it);
        (f) if the basis of remuneration has been fixed, a statement of —
        (i) the remuneration charged by the administrator of the Company during the period of the report (subject to subsection (3)); and
        (ii) where the report is the first to be made after the basis has been fixed, the remuneration charged by the administrator of the Company during the periods covered by the previous reports (subject to subsection (3)), together with a description of the things done by the administrator of the Company during those periods in respect of which the remuneration was charged,
        irrespective in either case of whether payment was made in respect of that remuneration during the period of the report;
        (g) a statement of the expenses incurred by the administrator of the Company during the period of the report, irrespective of whether payment was made in respect of them during that period;
        (h) details of progress during the period of the report, including a receipts and payments account (as detailed in subsection (2));
        (i) details of any assets that remain to be realised;
        (j) a statement of the creditors' right to request information under Section 70 (Creditors' request for further information) and their right to challenge the remuneration and expenses of the administrator of the Company under paragraph 9 of Schedule 12 (Remuneration); and
        (k) any other relevant information for the creditors.
        (2) A receipts and payments account must be in the form of an abstract showing receipts and payments during the period of the report.
        (3) Where the basis for the remuneration is a set amount under Section 109 (Fixing of an administrator's remuneration) and Schedule 12 (Remuneration), it may be shown as that amount without any apportionment to the period of the report.
        (4) Where the administrator of a Company has made a statement of pre-administration costs under Section 57(1)(k) (Administrator's Statement of Proposals)
        (a) if they are approved under Section 108 (Pre-administration costs), the first progress report after the approval must include a statement setting out the date of the approval and the amounts approved;
        (b) each successive report, so long as any of the costs remain unapproved, must include a statement either —
        (i) of any steps taken to get approval; or
        (ii) that the administrator of the Company has decided, or (as the case may be) another insolvency practitioner entitled to seek approval has told the administrator of the Company of that insolvency practitioner's decision, not to seek approval.
        (5) The progress report must, except where subsection (6) or (7) applies, cover the period of six (6) months commencing on the date on which the Company entered administration and every subsequent period of six (6) months.
        (6) The period to be covered by a progress report ends on the date when an administrator of a Company ceases to act, and the period to be covered by each subsequent progress report is each successive period of six (6) months beginning immediately after that date (subject to the further application of this subsection when another administrator of the Company ceases to act).
        (7) The sending of a progress report to creditors under Section 118 (Application for extension of administration) also satisfies subsection (5) or (6) in respect of the period covered by that report; and the period to be covered by each subsequent progress report under this Section is each successive period of six (6) months beginning with the end of the period covered by the report under Section 118 (Application for extension of administration).
        (8) The administrator of a Company must, within one (1) month of the end of the period covered by the report, send —
        (a) a copy to the creditors attached to the prescribed form; and
        (b) a copy to the Registrar,
        but this subsection does not apply when the period covered by the report is that of a final progress report under Section 111 (Final progress reports).
        (9) The Court may, on the application of the administrator of a Company, extend the period of one (1) month mentioned in subsection (8), or make such other order in respect of the content of the report as it thinks just.
        (10) If the administrator of a Company makes default in complying with this Section, he commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule.

      • 70. Creditors' request for further information

        (1) If —
        (a) within twenty-one (21) days of receipt of a progress report under Section 69 (Reports to creditors) —
        (i) a secured creditor; or
        (ii) an unsecured creditor with the concurrence of at least 5% in value of the unsecured creditors (including the creditor in question); or
        (b) with the permission of the Court upon an application made within that period of twenty-one (21) days, any unsecured creditor,
        makes a request in writing to the administrator of the Company for further information about remuneration or expenses (other than pre-administration costs) set out in a statement required by Section 69(1)(f) and (g) (Reports to creditors), the administrator of the Company must, within fourteen (14) days of receipt of the request, comply with subsection (2).
        (2) The administrator of a Company complies with subsection (1) by either —
        (a) providing all of the information asked for; or
        (b) so far as the administrator of the Company considers that —
        (i) the time or cost of preparation of the information would be excessive;
        (ii) disclosure of the information would be prejudicial to the conduct of the administration or might reasonably be expected to lead to violence against any person; or
        (iii) the administrator of the Company is subject to an obligation of confidentiality in respect of the information,
        giving reasons for not providing all of the information.
        (3) Any creditor, who need not be the same as the creditor who requested further information under subsection (1), may apply to the Court within twenty-one (21) days of —
        (a) the giving by the administrator of the Company of reasons for not providing all of the information asked for; or
        (b) the expiry of the fourteen (14) days provided for in subsection (1),
        and the Court may make such order as it thinks just.
        (4) Without prejudice to the generality of subsection (3), the order of the Court under that subsection may extend the period of eight (8) weeks provided for in paragraph 9(3) (Creditors' or members' claim that remuneration is, or other expenses are, excessive) of Schedule 12 (Remuneration) by such further period as the Court thinks just.

      • 71. Further creditors' meetings

        (1) The administrator of a Company shall summon a creditors' meeting if —
        (a) it is requested in the prescribed manner by creditors of the Company whose debts amount to at least ten (10)% of the total debts of the Company; or
        (b) he is directed by the Court to summon a creditors' meeting.
        (2) An administrator of a Company commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if he fails without reasonable excuse to summon a creditors' meeting as required by this Section.

      • 72. Creditors' committee

        (1) A creditors' meeting may establish a creditors' committee.
        (2) If such a creditors' committee is established —
        (a) the relevant provisions of Schedule 7 (Creditors' Committees) shall apply; and
        (b) the creditors' committee may, on giving not less than seven (7) days' notice, require the administrator of a Company to attend before it at any reasonable time and furnish it with such information relating to the carrying out by him of his functions as it may reasonably require.

    • Chapter 8 Chapter 8 — Deed of Company Arrangement

      • 73. Effect of creditors' resolution

        (1) This Section applies where, at a meeting convened pursuant to Section 61 (Requirement for initial creditors' meeting) or Section 65(2) (Revision of administrator's proposals), a Company's creditors resolve that the Company execute a Deed of Company Arrangement.
        (2) The administrator of the Company is to be the administrator of the Deed of Company Arrangement unless the creditors, by resolution passed at the meeting, appoint someone else to be administrator of the Deed of Company Arrangement.
        (3) The administrator of the Company must prepare an instrument setting out the terms of the Deed of Company Arrangement.
        (4) The instrument must also specify the following —
        (a) the administrator of the Deed of Company Arrangement;
        (b) the property of the Company (whether or not already owned by the Company when it executes the Deed of Company Arrangement) that is to be available to pay creditors' claims;
        (c) the nature and duration of any moratorium period for which the Deed of Company Arrangement provides;
        (d) to what extent the Company is to be released from its debts;
        (e) the conditions (if any) for the Deed of Company Arrangement to come into operation;
        (f) the conditions (if any) for the Deed of Company Arrangement to continue in operation;
        (g) the circumstances in which the Deed of Company Arrangement terminates;
        (h) the order in which proceeds of realising the property referred to in paragraph (b) are to be distributed among creditors bound by the Deed of Company Arrangement; and
        (i) the day (not later than the day when the administration began) on or before which claims must have arisen if they are to be admissible under the Deed of Company Arrangement.
        (5) The instrument is taken to include the prescribed provisions, except so far as it provides otherwise.

      • 74. Execution of Deed of Company Arrangement

        (1) This Section applies where an instrument is prepared under Section 73 (Effect of creditors' resolution).
        (2) The Company must execute the instrument within —
        (a) fifteen (15) business days after the end of the meeting of creditors; or
        (b) such further period as the Court allows on an application made within those fifteen (15) business days.
        (3) The proposed administrator of the Deed of Company Arrangement must execute the instrument before, or as soon as practicable after, the Company executes it.
        (4) When executed by both the Company and the proposed administrator, the instrument becomes a Deed of Company Arrangement.
        (5) As soon as practicable after a Deed of Company Arrangement is executed, the administrator of the Deed of Company Arrangement must —
        (a) send to each creditor of the Company a written notice of the execution of the Deed of Company Arrangement; and
        (b) send to the Registrar a copy of the Deed of Company Arrangement.
        (6) If a Company contravenes subsection (2), the proposed administrator of the Deed of Company Arrangement must, as soon as practicable thereafter —
        (a) send to the Registrar a notice that the Company has failed to execute the instrument within the required period; and
        (b) send such a notice to the Company's creditors.

      • 75. Creditor etc. not to act inconsistently with deed before its execution

        (1) Where, at a meeting convened pursuant to Section 61 (Requirement for initial creditors meeting) or Section 65(2) (Revision of administrator's proposals), a Company's creditors resolve that the Company execute a Deed of Company Arrangement, this Section applies until —
        (a) the Deed of Company Arrangement is executed by both the Company and the administrator; or
        (b) the period within which Section 74(2) (Execution of Deed of Company Arrangement) requires the Company to execute the Deed of Company Arrangement ends,
        whichever happens sooner.
        (2) In so far as a person would be bound by the Deed of Company Arrangement if it had already been so executed, the person —
        (a) must not do anything inconsistent with the Deed of Company Arrangement, except with the leave of the Court; and
        (b) is subject to Section 78 (Protection of Company's property).

      • 76. Effect of Deed of Company Arrangement on creditors

        (1) A Deed of Company Arrangement binds all creditors of the Company, so far as concerns claims arising on or before the day specified in the Deed of Company Arrangement under Section 73(4)(i) (Effect of creditors' resolution).
        (2) Subsection (1) does not bind a secured creditor or prevent a secured creditor from realising or otherwise dealing with security, except so far as —
        (a) the Deed of Company Arrangement so provides in relation to a secured creditor who voted in favour of the resolution of creditors because of which the Company executed the Deed of Company Arrangement; or
        (b) the Court orders under Section 79(2) (Court may limit rights).
        (3) Subsection (1) does not affect a right that an owner or lessor of property has in relation to that property, except so far as —
        (a) the Deed of Company Arrangement so provides in relation to an owner or lessor of property who voted in favour of the resolution of creditors because of which the Company executed the Deed of Company Arrangement; or
        (b) the Court orders under Section 79(4) (Court may limit rights).
        (4) Section 117 (The members of a company) of the Companies Regulations 2015 does not prevent a creditor of the Company from becoming a member of the Company as a result of the Deed of Company Arrangement requiring the creditor to accept an offer of shares in the Company.

      • 77. Giving priority to preferential creditors

        A Deed of Company Arrangement must contain a provision to the effect that, for the purposes of the application by the administrator of the property of the Company coming under his or her control under the Deed of Company Arrangement, any preferential creditors will be entitled to a priority at least equal to what they would have been entitled if the property were applied in accordance with Section 227 (Preferential Debts).

      • 78. Protection of Company's property

        (1) Until a Deed of Company Arrangement terminates, this Section applies to a person bound by the Deed of Company Arrangement.
        (2) The person cannot —
        (a) make an application for an order to wind up the Company; or
        (b) proceed with such an application made before the Deed of Company Arrangement became binding on the person.
        (3) The person cannot —
        (a) begin or proceed with a proceeding against the Company or in relation to any of its property; or
        (b) begin or proceed with enforcement process in relation to property of the Company;
        except —
        (c) with the leave of the Court; and
        (d) in accordance with such terms (if any) as the Court imposes.
        (4) In subsection (3) —

        "property" of a Company includes any property used or occupied by, or in the possession of the Company.

      • 79. Court may limit rights

        (1) This Section applies where —
        (a) at a meeting convened pursuant to Section 61 (Requirement for initial creditors' meeting) or 65(2) (Revision of administrator's proposals), a Company's creditors have resolved that the Company execute a Deed of Company Arrangement; or
        (b) a Company has executed such a Deed of Company Arrangement.
        (2) The Court may order a secured creditor of the Company not to realise or otherwise deal with his security, except as permitted by the order.
        (3) The Court may only make an order under subsection (2) if satisfied that —
        (a) for the creditor to realise or otherwise deal with the security would have a material adverse effect on achieving the purposes of the Deed of Company Arrangement; and
        (b) having regard to —
        (i) the terms of the Deed of Company Arrangement;
        (ii) the terms of the order; and
        (iii) any other relevant matter,
        the creditor's interests will be adequately protected.
        (4) The Court may order the owner or lessor of property that is used or occupied by, or is in the possession of, the Company not to take possession of the property or otherwise recover it.
        (5) The Court may only make an order under subsection (4) if satisfied that —
        (a) for the owner or lessor to take possession of the property or otherwise recover it would have a material adverse effect on achieving the purposes of the Deed of Company Arrangement; and
        (b) having regard to —
        (i) the terms of the Deed of Company Arrangement;
        (ii) the terms of the order; and
        (iii) any other relevant matter,
        the interests of the owner or lessor will be adequately protected.
        (6) An order under this Section may be made subject to conditions.
        (7) An order under this Section may only be made on the application of —
        (a) if subsection (1)(a) applies, the administrator of the Company; or
        (b) if subsection (1)(b) applies, the Deed of Company Arrangement's administrator.
        (8) For the purposes of subsections (3) and (5), whether an action has a "material adverse effect" on achieving the purposes of the Deed of Company Arrangement shall be assessed in light of all of the circumstances subsisting at the time that the Court comes to consider the issue.

      • 80. Effect of Deed of Company Arrangement on Company, officers and members

        A Deed of Company Arrangement also binds —

        (a) the Company;
        (b) its officers and members; and
        (c) the administrator of the Deed of Company Arrangement.

      • 81. Transfer of shares

        (1) The administrator of a Deed of Company Arrangement may transfer shares in the Company if the administrator has obtained —
        (a) the written consent of the owner of the shares; or
        (b) the leave of the Court.
        (2) A person is not entitled to oppose an application for leave under subsection (1) unless the person is —
        (a) a member of the Company;
        (b) a creditor of the Company;
        (c) any other interested person; or
        (d) the Financial Services Regulator.
        (3) The Court may only give leave under subsection (1) if it is satisfied that the transfer would not unfairly prejudice the interests of members of the Company.

      • 82. Extent of release of Company's debts

        A Deed of Company arrangement releases the Company from a debt only in so far as —

        (a) the Deed of Company Arrangement provides for the release; and
        (b) the creditor concerned is bound by the Deed of Company Arrangement.

      • 83. Guarantees and indemnities

        Section 82 (Extent of release of Company's debts) does not affect a creditor's rights under a guarantee or indemnity from a person other than the Company.

      • 84. Variation of Deed of Company Arrangement by creditors

        A Deed of Company Arrangement may be varied by a resolution passed at a meeting of the creditors of the Company convened under Section 90 (Meeting of creditors to consider variation or termination), but only if the variation is not materially different from a proposed variation set out in the notice of the meeting.

      • 85. Court may cancel variation

        (1) Where a Deed of Company Arrangement is varied under Section 84 (Variation of Deed of Company Arrangement by creditors), a creditor of the Company may apply to the Court for an order cancelling the variation.
        (2) On an application, the Court —
        (a) may make an order cancelling the variation, or confirming it, either wholly or in part, on such conditions (if any) as the order specifies; and
        (b) may make such other orders as it thinks appropriate.

      • 86. When Deed of Company Arrangement terminates

        A Deed of Company Arrangement terminates when —

        (a) the Court makes under Section 88 (When Court may terminate Deed of Company Arrangement) an order terminating the Deed of Company Arrangement;
        (b) subject to Section 87 (When creditors may terminate Deed of Company Arrangement), the Company's creditors pass a resolution terminating the Deed of Company Arrangement at a meeting that was convened under Section 90 (Meeting of creditors to consider variation or termination) by a notice setting out the proposed resolution;
        (c) if the Deed of Company Arrangement specifies circumstances in which it is to terminate, those circumstances exist; or
        (d) the administrator of the Deed of Company Arrangement executes a notice of termination of the Deed of Company Arrangement in accordance with Section 91 (Notice of termination of Deed of Company Arrangement);

        whichever happens first.

      • 87. When creditors may terminate Deed of Company Arrangement

        (1) The creditors are not entitled to pass a resolution under Section 86(b) (When Deed of Company Arrangement terminates) unless —
        (a) there has been a breach of the Deed of Company Arrangement; and
        (b) the breach has not been rectified before the resolution is passed.
        (2) When a Deed of Company Arrangement terminates in accordance with subsection (1), the administrator of the Deed of Company Arrangement must —
        (a) send to the Registrar a notice of the termination; and
        (b) send such a notice to each of the Company's creditors other than opted-out creditors.

      • 88. When Court may terminate Deed of Company Arrangement

        (1) The Court may make an order terminating a Deed of Company Arrangement if satisfied that —
        (a) information about the Company's business, property, affairs or financial circumstances that —
        (i) was false or misleading; and
        (ii) can reasonably be expected to have been material to creditors of the Company in deciding whether to vote in favour of the resolution that the Company execute the Deed of Company Arrangement,
        was given to the administrator of the Company or to such creditors; or
        (b) such information was contained in a report or statement under Section 61(3) (Requirement for initial creditors' meetings) or 65(2) (Revision of administrator's proposals) that accompanied a notice of the meeting at which the resolution was passed; or
        (c) there was an omission from such a report or statement and the omission can reasonably be expected to have been material to such creditors in so deciding; or
        (d) there has been a material breach of the Deed of Company Arrangement by a person bound by the Deed of Company Arrangement; or
        (e) effect cannot be given to the Deed of Company Arrangement without injustice or undue delay; or
        (f) the Deed of Company Arrangement or a provision of it is, an act or omission done or made under the Deed of Company Arrangement was, or an act or omission proposed to be so done or made would be —
        (i) oppressive or unfairly prejudicial to, or unfairly discriminatory against, one or more such creditors; or
        (ii) contrary to the interests of the creditors of the Company as a whole; or
        (g) the Deed of Company Arrangement should be terminated for some other reason.
        (2) An order may be made on the application of —
        (a) a creditor of the Company;
        (b) the Company;
        (c) the Financial Services Regulator; or
        (d) any other interested person.

      • 89. Creditors may terminate Deed of Company Arrangement and resolve that Company be wound up

        Where —

        (a) at a meeting convened under Section 90 (Meeting of creditors to consider variation or termination), the Company's creditors pass a resolution terminating the Deed of Company Arrangement; and
        (b) the notice of the meeting sets out a proposed resolution that the Company be wound up,

        the creditors may also resolve at the meeting that the Company be wound-up.

      • 90. Meeting of creditors to consider variation or termination

        (1) The administrator of a Deed of Company Arrangement —
        (a) may at any time convene a meeting of the Company's creditors; and
        (b) must convene such a meeting if so requested in writing by creditors the value of whose claims against the Company is not less than ten (10)% of the value of all the creditors' claims against the Company.
        (2) The administrator of the Deed of Company Arrangement must convene the meeting by giving written notice of the meeting —
        (a) to as many of the Company's creditors (other than opted-out creditors) as reasonably practicable; and
        (b) at least five (5) business days before the meeting.
        (3) The notice given to a creditor under subsection (2) must —
        (a) set out each resolution (if any) under Section 84 (Variation of Deed of Company Arrangement by creditors) or Section 86(b) (When Deed of Company Arrangement terminates) that the administrator of the Deed of Company Arrangement proposes that the meeting vote on; and
        (b) if the meeting is convened under subsection (1)(b), set out each proposed resolution under Section 84 (Variation of Deed of Company Arrangement by creditors) or Section 86(b) (When Deed of Company Arrangement terminates) that is set out in the request.
        (4) At a meeting convened under this Section, the administrator of the Deed of Company Arrangement is to preside.
        (5) A meeting convened under this Section may be adjourned from time to time.
        (6) The relevant provisions of Schedule 6 (Meetings and Correspondence) shall apply to the convening and conduct of a meeting of creditors convened under this Section, subject to the other provisions of this Chapter.

      • 91. Notice of termination of Deed of Company Arrangement

        (1) If a Company is subject to a Deed of Company Arrangement, and —
        (a) the administrator of the Deed of Company Arrangement has applied all of the proceeds of the realisation of the assets available for the payment of creditors; or
        (b) the administrator of the Deed of Company Arrangement has paid to the creditors —
        (i) the sum of 100 cents in the dollar; or
        (ii) any lesser sum determined by the creditors at a general meeting; or
        (c) all of the following conditions are satisfied —
        (i) the Company's obligations under the Deed of Company Arrangement have been fulfilled;
        (ii) the obligations of any other party to the Deed of Company Arrangement have been fulfilled; and
        (iii) creditors' claims under the Deed of Company Arrangement have been dealt with in accordance with the Deed of Company Arrangement,
        the administrator of the Deed of Company Arrangement must —
        (d) certify to that effect in writing; and
        (e) within twenty-eight (28) days, lodge with the Registrar a notice of termination of the Deed of Company Arrangement.
        (2) The notice of termination must be in the prescribed form.

      • 92. When Court may void or validate Deed of Company Arrangement

        (1) Where there is doubt, on a specific ground, whether a Deed of Company Arrangement was entered into in accordance with this Chapter or complies with this Chapter, the administrator of the Deed of Company Arrangement, a member or creditor of the Company, or the Registrar, may apply to the Court for an order under this Section.
        (2) On an application, the Court may make an order declaring the Deed of Company Arrangement, or a provision of it, to be void or not to be void, as the case requires, on the ground specified in the application or some other ground.
        (3) On an application, the Court may declare the Deed of Company Arrangement, or a provision of it, to be valid, despite a breach of a provision of this Chapter, if the Court is satisfied that —
        (a) the provision was substantially complied with; and
        (b) no injustice will result for anyone bound by the Deed of Company Arrangement if the breach is disregarded.
        (4) Where the Court declares a provision of a Deed of Company Arrangement to be void, the Court may by order vary the Deed of Company Arrangement, but only with the consent of the administrator of the Deed of Company Arrangement.

      • 93. Effect of termination or avoidance

        The termination or avoidance, in whole or in part, of a Deed of Company Arrangement does not affect the previous operation of the Deed of Company Arrangement.

      • 94. Deed progress reports

        (1) The administrator of a Deed of Company Arrangement must, within one month after —
        (a) the end of the 6-month period beginning on the date of his appointment; and
        (b) the end of each subsequent 6-month period during which he is the administrator of the Deed of Company Arrangement;
        publish a progress report that —
        (c) is in the prescribed form;
        (d) is verified by a written statement;
        (e) shows his receipts and payments during the relevant 6-month period; and
        (f) in the case of the second or subsequent progress reports published under this subsection, also shows the aggregate amount of receipts and payments during all preceding 6-month periods since his appointment.
        (2) A person who ceases to be the administrator of a Deed of Company Arrangement must, within one month after the cessation, publish a final progress report that —
        (a) is in the prescribed form;
        (b) is verified by a written statement;
        (c) if he has previously been required to publish a progress report under subsection (1), shows his receipts and payments during the period —
        (i) beginning at the end of the 6-month period to which the most recent progress report under subsection (1) related; and
        (ii) ending at the cessation;
        (d) if he has previously been required to publish a progress report under subsection (1), also shows the aggregate amount of receipts and payments during all previous 6-month periods since his appointment; and
        (e) if he has not previously been required to publish a progress report under subsection (1), shows his receipts and payments during the period beginning on —
        (i) the date of his appointment; and
        (ii) ending at the cessation.
        (3) If a report is published under subsection (1) or (2), the Registrar may cause the progress report to be audited by a registered company auditor.
        (4) The auditor must prepare a report on the progress report.
        (5) For the purposes of the audit under subsection (3), the administrator or former administrator must give the auditor such books and information as the auditor requires.
        (6) If the Registrar causes a progress report to be audited under subsection (3) —
        (a) the Registrar must give the administrator or former administrator a copy of the report by the auditor; and
        (b) Section 470 (Auditor's general right to information) of the Companies Regulations 2015 applies in relation to the report prepared by the auditor as if it were a document required to be published.
        (7) The costs of an audit under this Section are to be fixed by the Registrar, and are payable by the Company.

    • Chapter 9 Chapter 9 — Functions of Administrator

      • 95. General powers

        (1) The administrator of a Company may do anything necessary or expedient for the management of the affairs, business and property of the Company.
        (2) A provision of this Part 1 (Administration) which expressly permits the administrator of a Company to do a specified thing is without prejudice to the generality of subsection (1).
        (3) A person who deals with the administrator of a Company in good faith and for value need not inquire whether the administrator is acting within his powers.
        (4) The administrator of a Company has the powers specified in Schedule 2 (Powers of the Administrator).
        (5) The administrator of a Company —
        (a) may remove a Director of the Company; and
        (b) may appoint a Director of the Company (whether or not to fill a vacancy).
        (6) The administrator of a Company or of a Deed of Company Arrangement may call a meeting of members or creditors of the Company.
        (7) The administrator of a Company or of a Deed of Company Arrangement may apply to the Court for directions in connection with his functions. The administrator of a Deed of Company Arrangement may also apply to the Court for directions about a matter arising in connection with the operation of, or giving effect to, the Deed of Company Arrangement.
        (8) A Company in administration or an officer of a Company in administration may not exercise a management power without the consent of the administrator of the Company.
        (9) For the purpose of subsection (8) —
        (a) "management power" means a power which could be exercised so as to interfere with the exercise of the administrator's powers;
        (b) it is immaterial whether the power is conferred by an enactment or an instrument; and
        (c) consent may be general or specific.
        (10) The Board may by rules prohibit or restrict the disposal, hiring out or sale of property of a Company by an administrator to a person who is or was a particular kind of Connected Person of a Company, in such circumstances and subject to such conditions and requirements as may be prescribed, and the powers of an administrator under subsection (4) shall be subject to such prohibition or restriction.

      • 96. Distribution

        (1) The administrator of a Company may make a distribution to a creditor of the Company. Schedule 5 (Proofs and Distribution) shall apply to distributions made or proposed to be made by the administrator of a Company to any class of creditors other than secured creditors.
        (2) Section 227 (Preferential Debts) shall apply in relation to a distribution under this Section as it applies in relation to a winding-up with references in that Section to "expenses" being instead to expenses properly incurred in an administration under this Part 1 (Administration).
        (3) A payment may not be made by way of distribution under this Section to a creditor of the Company who is neither secured nor preferential unless the Court gives permission.
        (4) The administrator of a Company may make a payment otherwise than in accordance with subsections (1) to (3) or paragraph (13) of Schedule 2 (Powers of the Administrator) if he thinks it likely to assist achievement of the purpose of administration.

      • 97. General duties

        (1) The administrator of a Company shall on his appointment take custody or control of all the property to which he thinks the Company is entitled.
        (2) Subject to subsection (3), the administrator of a Company shall manage its affairs, business and property in accordance with —
        (a) any proposals approved under Section 64 (Business and result of initial creditors' meeting);
        (b) any revision of those proposals which is made by him and which he does not consider substantial; and
        (c) any revision of those proposals approved under Section 65 (Revision of administrator's proposals).
        (3) If the Court gives directions to the administrator of a Company in connection with any aspect of his management of the Company's affairs, business or property, the administrator of the Company shall comply with the directions.
        (4) The Court may give directions under subsection (3) only if —
        (a) no proposals have been approved under Section 64 (Business and result of initial creditors' meeting);
        (b) the directions are consistent with any proposals or revision approved under Section 64 (Business and result of initial creditors' meeting) or Section 65 (Revision of administrator's proposals);
        (c) the Court thinks the directions are required in order to reflect a change in circumstances since the approval of proposals or a revision under Section 64 (Business and result of initial creditors' meeting) or Section 65 (Revision of administrator's proposals); or
        (d) the Court thinks the directions are desirable because of a misunderstanding about proposals or a revision approved under Section 64 (Business and result of initial creditors' meeting) or Section 65 (Revision of administrator's proposals).

      • 98. Administrator as agent of Company

        In exercising his functions under these Regulations the administrator of a Company acts as its agent.

      • 99. Charged property: floating charge

        (1) The administrator of a Company may dispose of or take action relating to property which is subject to a floating charge as if it were not subject to the charge.
        (2) Where property is disposed of in reliance on subsection (1) the holder of the floating charge shall have the same priority in respect of acquired property as he had in respect of the property disposed of.
        (3) In subsection (2) "acquired property" means property of the Company which directly or indirectly represents the property disposed of.

      • 100. Charged property

        (1) The Court may by order enable the administrator of a Company or of a Deed of Company Arrangement to dispose of property which is subject to security (other than in the case of an administrator of a Company a floating charge) as if it were not subject to the security.
        (2) An order under subsection (1) may be made only —
        (a) on the application of the administrator of the Company or of a Deed of Company Arrangement; and
        (b) where the Court thinks that disposal of the property would be likely to promote the purpose of administration or the Deed of Company Arrangement in respect of the Company.
        (3) An order under this Section is subject to the condition that there be applied towards discharging the sums secured by the security —
        (a) the net proceeds of disposal of the property; and
        (b) any additional money required to be added to the net proceeds so as to produce the amount determined by the Court as the net amount which would be realised on a sale of the property at market value.
        (4) If an order under this Section relates to more than one security, application of money under subsection (3) shall be in the order of the priorities of the securities.
        (5) An administrator of a Company or of a Deed of Company Arrangement who makes a successful application for an order under this Section shall send a copy of the order to the Registrar before the end of the period of fourteen (14) days starting with the date of the order.
        (6) An administrator of a Company or of a Deed of Company Arrangement commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if he fails to comply with subsection (5) without reasonable excuse.

      • 101. Hire-purchase property

        (1) The Court may by order enable the administrator of a Company or of a Deed of Company Arrangement to dispose of goods which are in the possession of the Company under a hire-purchase agreement as if all the rights of the owner under the agreement were vested in the Company.
        (2) An order under subsection (1) may be made only —
        (a) on the application of the administrator of the Company or of a Deed of Company Arrangement; and
        (b) where the Court thinks that disposal of the goods would be likely to promote the purpose of administration or the Deed of Company Arrangement in respect of the Company.
        (3) An order under this Section is subject to the condition that there be applied towards discharging the sums payable under the hire-purchase agreement —
        (a) the net proceeds of disposal of the goods; and
        (b) any additional money required to be added to the net proceeds so as to produce the amount determined by the Court as the net amount which would be realised on a sale of the goods at market value.
        (4) An administrator of a Company or of a Deed of Company Arrangement who makes a successful application for an order under this Section shall send a copy of the order to the Registrar before the end of the period of fourteen (14) days starting with the date of the order.
        (5) An administrator of a Company or of a Deed of Company Arrangement commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if he fails without reasonable excuse to comply with subsection (4).

      • 102. Disposal of charged property

        (1) The following applies where the administrator of a Company or of a Deed of Company Arrangement applies to the Court under Section 100 (Charged property) or Section 101 (Hire-purchase property) for authority to dispose of property of the Company which is subject to a security, or goods in the possession of the Company under a hire-purchase agreement.
        (2) The Court shall fix a venue for the hearing of the application, and the administrator of the Company or of a Deed of Company Arrangement shall as soon as reasonably practicable give notice of the venue to the person who is the holder of the security or, as the case may be, the owner under the agreement.
        (3) If an order is made under Section 100 (Charged property) or Section 101 (Hire-purchase property) the Court shall send two (2) sealed copies to the administrator.
        (4) The administrator shall send one of them to that person who is the holder of the security or owner under the agreement.
        (5) The administrator must send a copy of the sealed order to the Registrar.

      • 103. Protection for secured or preferential creditor

        (1) A statement of proposals of an administrator of a Company under Section 56 (Administrator's proposals) may not include any action which —
        (a) affects the right of a secured creditor of the Company to enforce his security;
        (b) would result in a preferential debt of the Company being paid otherwise than in priority to its non-preferential debts; or
        (c) would result in one preferential creditor of the Company being paid a smaller proportion of his debt than another.
        (2) Subsection (1) does not apply to —
        (a) action to which the relevant creditor consents;
        (b) a proposal for a compromise or arrangement to be sanctioned under Part 25 (Arrangements and Reconstructions) of the Companies Regulations 2015; or
        (c) a proposal for a Deed of Company Arrangement.
        (3) The reference to a statement of proposals in subsection (1) includes a reference to a statement as revised or modified.

      • 104. Debts of insolvent Company to rank equally

        Debts other than preferential debts rank equally between themselves in the administration and, after the preferential debts, shall be paid in full unless the assets are insufficient for meeting them, in which case they abate in equal proportions between themselves.

      • 105. Challenge to administrator's conduct

        (1) A creditor or member of a Company in administration or subject to a Deed of Company Arrangement may apply to the Court claiming that —
        (a) the administrator of the Company or of the Deed of Company Arrangement is acting or has acted so as unfairly to harm the interests of the applicant (whether alone or in common with some or all other members or creditors); or
        (b) the administrator of the Company or of the Deed of Company Arrangement proposes to act in a way which would unfairly harm the interests of the applicant (whether alone or in common with some or all other members or creditors).
        (2) A creditor or member of a Company in administration or subject to a Deed of Company Arrangement may apply to the Court claiming that the administrator of the Company or of the Deed of Company Arrangement is not performing his functions as quickly or as efficiently as is reasonably practicable.
        (3) The Court may —
        (a) grant relief;
        (b) dismiss the application;
        (c) adjourn the hearing conditionally or unconditionally;
        (d) make an interim order; and/or
        (e) make any other order it thinks appropriate.
        (4) In particular, an order under this Section may —
        (a) regulate the exercise by the administrator of his functions;
        (b) require the administrator to do or not do a specified thing;
        (c) require a creditors' meeting or meeting of creditors to be held for a specified purpose;
        (d) provide for the appointment of an administrator to cease to have effect; and/or
        (e) make consequential provision.
        (5) An order may be made on a claim under subsection (1) whether or not the action complained of —
        (a) is within the powers of the administrator under these Regulations; or
        (b) was taken in reliance on an order under Section 100 (Charged property) or Section 101 (Hire-purchase property).
        (6) An order may not be made under this Section if it would impede or prevent the implementation by the administrator of a Company of —
        (a) a compromise or arrangement sanctioned under Part 25 (Arrangements and Reconstructions) of the Companies Regulations 2015; or
        (b) proposals or a revision approved under Section 64 (Business and result of initial creditors' meeting) or Section 65 (Revision of administrator's proposals) more than 28 days before the day on which the application for the order under this Section is made.

      • 106. Misfeasance

        (1) The Court may examine the conduct of a person who —
        (a) is or purports to be the administrator of a Company or of a Deed of Company Arrangement; or
        (b) has been or has purported to be the administrator of a Company or of a Deed of Company Arrangement.
        (2) An examination under this Section may be held only on the application of —
        (a) the administrator of the Company or of a Deed of Company Arrangement;
        (b) the liquidator of the Company;
        (c) a creditor of the Company; or
        (d) a contributory of the Company.
        (3) An application under subsection (2) must allege that the administrator —
        (a) has misapplied or retained money or other property of the Company;
        (b) has become accountable for money or other property of the Company;
        (c) has breached a fiduciary or other duty in relation to the Company; or
        (d) has been guilty of misfeasance.
        (4) On an examination under this Section into a person's conduct the Court may order him —
        (a) to repay, restore or account for money or property;
        (b) to pay interest; and/or
        (c) to contribute a sum to the Company's property by way of compensation for breach of duty or misfeasance.
        (5) In subsection (3) "administrator" includes a person who purports or has purported to be an administrator of a Company or of a Deed of Company Arrangement.
        (6) An application under subsection (2) may be made in respect of an administrator who has been discharged under Section 142 (Vacation of office: discharge from liability) only with the permission of the Court.

      • 107. Expenses of the administration

        (1) The expenses of the administration are payable in the following order of priority —
        (a) expenses properly incurred by the administrator of a Company in performing his functions in the administration of the Company;
        (b) the cost of any security provided by the administrator of a Company in accordance with these Regulations;
        (c) where an administration order was made, the costs of the applicant and any person appearing on the hearing of the application and where the administrator of a Company was appointed otherwise than by order of the Court, any costs and expenses of the appointor in connection with the making of the appointment and the costs and expenses incurred by any other person in giving notice of intention to appoint an administrator of the Company;
        (d) any amount payable to a person employed or authorised, under Chapter 7 (Process of Administration) of this Part 1 (Administration), to assist in the preparation of a Statement of Affairs or statement of concurrence;
        (e) any allowance made, by order of the Court, towards costs on an application for release from the obligation to submit a Statement of Affairs or statement of concurrence;
        (f) any necessary disbursements by the administrator of a Company in the course of the administration (including any expenses incurred by members of the creditors' committee or their representatives and allowed for by the administrator of the Company under this Section, but not including any payment of taxes in circumstances referred to in subsection (i) below);
        (g) the remuneration or emoluments of any person who has been employed by the administrator of a Company to perform any services for the Company, as required or authorised under these Regulations;
        (h) the remuneration of the administrator of the Company the basis of which has been fixed under Section 109 (Fixing of an administrator's remuneration) and Schedule 12 (Remuneration) and unpaid pre-administration costs approved under Section 108 (Pre-administration costs); and
        (i) the amount of any corporation tax on chargeable gains accruing on the realisation of any asset of the Company (without regard to whether the realisation is effected by the administrator of a Company, a secured creditor, or a receiver or manager appointed to deal with a security).
        (2) The priorities laid down by subsection (1) are subject to the power of the Court to make orders under subsection (3) where the property is insufficient to satisfy the liabilities.
        (3) The Court may, in the event of the property being insufficient to satisfy the liabilities, make an order as to the payment out of the property of the expenses incurred in the administration in such order of priority as the Court thinks just.
        (4) For the purposes of Section 143(3) (Vacation of office: charges and liabilities), the remuneration and expenses of a former administrator of the Company shall comprise all those items set out in subsection (1).

      • 108. Pre-administration costs

        (1) Where the administrator of a Company has made a statement of pre-administration costs under Section 57(1)(k) (Administrator's statement of proposals) the creditors' committee may determine whether and to what extent the unpaid pre-administration costs set out in the statement are approved for payment.
        (2) But if —
        (a) there is no creditors' committee; or
        (b) there is but it does not make the necessary determination; or
        (c) it does do so but the administrator of the Company or other insolvency practitioner who has charged fees or incurred expenses as pre-administration costs considers the amount determined to be insufficient,
        subsection (3) applies.
        (3) When this subsection applies, determination of whether and to what extent the unpaid pre-administration costs are approved for payment shall be —
        (a) by resolution of a creditors' meeting other than in a case falling in paragraph (b); or
        (b) in a case where the administrator of the Company has made a statement under Section 61(6)(b) (Requirement for initial creditors' meeting) —
        (i) by the approval of each secured creditor of the Company; or
        (ii) if the administrator of the Company has made, or intends to make, a distribution to preferential creditors, by the approval of —
        (aa) each secured creditor of the Company; and
        (bb) preferential creditors whose debts amount to more than 50% of the preferential debts of the Company, disregarding debts of any creditor who does not respond to an invitation to give or withhold approval.
        (4) The administrator of a Company must call a meeting of the creditors' committee or a creditors' meeting if so requested for the purposes of subsections (1) to (3) by another insolvency practitioner who has charged fees or incurred expenses as pre-administration costs; and the administrator of the Company must give notice of the meeting within twenty-eight (28) days of receipt of the request.
        (5) If —
        (a) there is no determination under subsection (1) or (3); or
        (b) there is such a determination but the administrator of the Company or other insolvency practitioner who has charged fees or incurred expenses as pre-administration costs considers the amount determined to be insufficient,
        the administrator of the Company (where the fees were charged or expenses incurred by him) or other insolvency practitioner (where the fees were charged or expenses incurred by that insolvency practitioner) may apply to the Court for a determination of whether and to what extent the unpaid pre-administration costs are approved for payment.
        (6) Paragraph 5(4), (5) and (7) (Remuneration: recourse by administrator or liquidator to the Court) of Schedule 12 (Remuneration) apply to an application under subsection (5) as they do to an application under paragraph 5(1) (Remuneration: recourse by administrator or liquidator to the Court) of Schedule 12 (Remuneration) (references to the administrator of the Company being read as references to the insolvency practitioner who has charged fees or incurred expenses as pre-administration costs).
        (7) Where the administrator of a Company fails to call a meeting of the creditors' committee or a creditors' meeting in accordance with subsection (4), the other insolvency practitioner may apply to the Court for an order requiring the administrator of the Company to do so.

      • 109. Fixing of an administrator's remuneration

        An administrator is entitled to receive remuneration for his services as such. The relevant provisions of Schedule 12 (Remuneration) shall apply in the determination of the remuneration of an administrator.

    • Chapter 10 Chapter 10 — Ending Administration

      • 110. Automatic end of administration

        (1) The appointment of an administrator of a Company shall cease to have effect at the end of the period of one year beginning with the date on which it takes effect.
        (2) But —
        (a) on the application of an administrator of a Company the Court may by order extend his term of office for a specified period; and
        (b) the term of office of an administrator of a Company may be extended for a specified period not exceeding twelve (12) months by consent.
        (3) An order of the Court under this Section —
        (a) may be made in respect of an administrator of a Company whose term of office has already been extended by order or by consent; but
        (b) may not be made after the expiry of his term of office.
        (4) Where an order is made under this Section the administrator of a Company shall as soon as is reasonably practicable notify the Registrar.
        (5) An administrator of a Company who fails without reasonable excuse to comply with subsection (4) commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule.
        (6) In subsection (2)(b) "consent" means consent of —
        (a) each secured creditor of the Company; and
        (b) if the Company has unsecured debts, creditors whose debts amount to more than 50% of the Company's unsecured debts, disregarding debts of any creditor who does not respond to an invitation to give or withhold consent.
        (7) But where the administrator of a Company has made a statement under Section 61(6)(b) (Requirement for initial creditors' meeting) "consent" means —
        (a) consent of each secured creditor of the Company; or
        (b) if the administrator of a Company thinks that a distribution may be made to preferential creditors, consent of —
        (i) each secured creditor of the Company; and
        (ii) preferential creditors whose debts amount to more than 50% of the preferential debts of the Company, disregarding debts of any creditor who does not respond to an invitation to give or withhold consent.
        (8) Consent for the purposes of subsection (2)(b) may be —
        (a) written; or
        (b) signified at a creditors' meeting.
        (9) The term of office of an administrator of a Company —
        (a) may be extended by consent only once;
        (b) may not be extended by consent after extension by order of the Court; and
        (c) may not be extended by consent after expiry.
        (10) Where the term of office of an administrator of a Company is extended by consent he shall as soon as is reasonably practicable —
        (a) file notice of the extension with the Court; and
        (b) notify the Registrar.
        (11) An administrator of a Company who fails without reasonable excuse to comply with subsection (10) commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule.
        (12) Notwithstanding the other provisions of this Section, the appointment of an administrator of a Company which is in administration shall cease to have effect when a Deed of Company Arrangement is executed by both the Company and the administrator of the Deed of Company Arrangement.

      • 111. Final progress reports

        (1) In this Chapter reference to a progress report is to a report in the form specified in Section 69 (Reports to creditors).
        (2) The "final progress report" means a progress report which includes a summary of —
        (a) the administrator's proposals;
        (b) any major amendments to, or deviations from, those proposals;
        (c) the steps taken during the administration; and
        (d) the outcome.

      • 112. Notice of automatic end of administration

        (1) Where the appointment of an administrator of a Company has ceased to have effect, and the administrator of the Company is not required by any other Section to give notice of that fact, he shall, as soon as reasonably practicable, and in any event within five (5) business days of the date when the appointment has ceased, file a notice of automatic end of administration in the prescribed form with the Court. The notice shall be accompanied by a final progress report.
        (2) A copy of the notice and accompanying document shall be sent as soon as reasonably practicable to the Registrar, and to all other persons who received a copy of the administrator's proposals.
        (3) If the administrator of a Company makes default in complying with this Section, he commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule.

      • 113. Court ending administration on application of administrator

        (1) On the application of the administrator of a Company the Court may provide for the appointment of an administrator of the Company to cease to have effect from a specified time.
        (2) The administrator of a Company shall make an application under this Section if —
        (a) he thinks the purpose of administration cannot be achieved in relation to the Company;
        (b) he thinks the Company should not have entered administration;
        (c) a creditors' meeting requires him to make an application under this Section;
        (d)
        (i) the administration is pursuant to an administration order; and
        (ii) the administrator of the Company thinks that the purpose of administration has been sufficiently achieved in relation to the Company; or
        (e) the Company contravenes Section 74(2) (Execution of Deed of Company Arrangement) by failing to execute a proposed Deed of Company Arrangement.
        (3) On an application under this Section the Court may —
        (a) adjourn the hearing conditionally or unconditionally;
        (b) dismiss the application;
        (c) make an interim order; and/or
        (d) make any order it thinks appropriate (whether in addition to, in consequence of or instead of the order applied for).

      • 114. Application to Court by administrator

        (1) An application to the Court under Section 113 (Court ending administration on application of administrator) for an order ending an administration shall have attached to it a progress report for the period since the last progress report (if any) or the date the Company entered administration and a statement indicating what the administrator of the Company thinks should be the next steps for the Company (if applicable).
        (2) Where the administrator of a Company applies to the Court because the creditors' meeting has required him to, he shall also attach a statement to the application in which he shall indicate (giving reasons) whether or not he agrees with the creditors' requirement to him to make the application.
        (3) When the administrator of a Company applies other than at the request of a creditors' meeting, he shall —
        (a) give notice in writing to the applicant for the administration order under which he was appointed, or the person by whom he was appointed and the creditors of his intention to apply to Court at least five (5) business days before the date that he intends to makes his application; and
        (b) attach to his application to Court a statement that he has notified the creditors, and copies of any response from creditors to that notification.
        (4) Where the administrator of a Company applies to Court under Section 113 (Court ending administration on application of administrator) in conjunction with a petition under Section 202 (Application for winding-up) for an order to wind up the Company, he shall, in addition to the requirements of subsection (3), notify the creditors whether he intends to seek appointment as liquidator.

      • 115. Termination of administration where objective achieved

        (1) This Section applies where an administrator of a Company is appointed under Section 21 (Power to appoint) or 29 (Power to appoint).
        (2) If the administrator of a Company thinks that the purpose of administration has been sufficiently achieved in relation to the Company he may file a notice in the prescribed form, accompanied by a final progress report —
        (a) with the Court; and
        (b) with the Registrar.
        (3) The appointment of the administrator of the Company shall cease to have effect when the requirements of subsection (2) are satisfied.
        (4) Where the administrator of a Company files a notice, as soon as practicable, and within five (5) business days, he shall send a copy of the notice (and the accompanying report) to every creditor of the Company (other than an opted-out creditor) of whose claim and address he is aware, to all those persons (other than opted-out creditors) who were notified of his appointment and the Company.
        (5) The administrator of a Company is taken to have complied with subsection (4) in relation to creditors if before the end of the prescribed period he publishes in the Abu Dhabi Global Market a notice (with standard content and stating the date that the administration ended) undertaking to provide a copy of the notice under subsection (2) to any creditor of the Company who applies in writing to a specified address.
        (6) An administrator of a Company who fails without reasonable excuse to comply with subsection (4) commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule.

      • 116. Court ending administration on application of creditor

        (1) On the application of a creditor of a Company the Court may provide for the appointment of an administrator of the Company to cease to have effect at a specified time.
        (2) An application under this Section must allege an improper motive —
        (a) in the case of an administrator of a Company appointed by administration order, on the part of the applicant for the order; or
        (b) in any other case, on the part of the person who appointed the administrator of the Company.
        (3) On an application under this Section the Court may —
        (a) adjourn the hearing conditionally or unconditionally;
        (b) dismiss the application;
        (c) make an interim order; and/or
        (d) make any order it thinks appropriate (whether in addition to, in consequence of or instead of the order applied for).

      • 117. Application to Court by creditor

        (1) Where a creditor applies to the Court to end the administration a copy of the application shall be served on the administrator of the Company and the person who either made the application for the administration order or made the appointment. Where the appointment was made under Section 21 (Power to appoint), a copy of the application shall be served on the holder of the qualifying charge by virtue of which the appointment was made.
        (2) Service shall be effected not less than five (5) business days before the date fixed for the hearing. The administrator of the Company, applicant or appointor, or holder of the qualifying charge by virtue of which the appointment was made may appear at the hearing of the application.
        (3) Where the Court makes an order to end the administration, the Court shall send a copy of the order to the administrator of the Company.

      • 118. Application for extension of administration

        (1) An application to the Court for an extension of administration shall be accompanied by a progress report for the period since the last progress report (if any) or the date the Company entered administration.
        (2) When the administrator of the Company requests an extension of the period of the administration by consent of creditors, his request shall be accompanied by a progress report for the period since the last progress report (if any) or the date the Company entered administration.
        (3) Where the Court makes an order extending the administration, the administrator of the Company must give notice of the order to the creditors as soon as reasonably practicable, together with a copy of the progress report which accompanied the application to the Court.
        (4) Where the period of the administration has been extended by consent of creditors, the administrator of the Company must give notice to the creditors as soon as reasonably practicable.

      • 119. Time of end of administration

        (1) For the purposes of Section 114(2) (Application to Court by administrator), two (2) copies of the notice shall be filed with the Court and shall contain a statement that a copy of the notice has been sent to the Registrar. The Court shall endorse each copy with the date and time of filing. The appointment shall cease to have effect from that date and time.
        (2) The Court shall give a sealed copy of the notice to the administrator of the Company.

      • 120. Notification by administrator of Court order

        (1) Where the Court makes an order to end the administration, the administrator of the Company must send to the Registrar a copy of the Court order and a copy of his final progress report.
        (2) As soon as reasonably practicable, the administrator of the Company must send a copy of the notice and the final progress report to all other persons who received notice of his appointment.

      • 121. Public interest winding-up

        (1) This Section applies where a winding-up order is made for the winding-up of a Company in administration or which is subject to a Deed of Company Arrangement on a petition presented under Section 203 (Petition for winding-up by the Financial Services Regulator).
        (2) This Section also applies where a provisional liquidator of a Company in administration or which is subject to a Deed of Company Arrangement is appointed following the presentation of a petition as described in subsection (1).
        (3) The Court shall order —
        (a) that the appointment of the administrator shall cease to have effect; or
        (b) that the appointment of the administrator shall continue to have effect.
        (4) If the Court makes an order under subsection (3)(b) it may also —
        (a) specify which of the powers under these Regulations are to be exercisable by the administrator; and
        (b) order that these Regulations shall have effect in relation to the administrator with specified modifications.

      • 122. Moving to creditors' voluntary liquidation

        (1) This Section applies where —
        (a) the administrator of a Company thinks —
        (i) that the total amount which each secured creditor of the Company is likely to receive has been paid to him or set aside for him; and
        (ii) that a distribution will be made to unsecured creditors of the Company (if there are any); or
        (b) at a meeting of creditors convened pursuant to Section 90 (Meeting of creditors to consider variation or termination), a Company's creditors —
        (i) pass a resolution terminating a Deed of Company Arrangement executed by the Company; and
        (ii) also resolve at a particular time under Section 89 (Creditors may terminate Deed of Company Arrangement and resolve that Company be wound up) that the Company be wound up.
        (2) The administrator of the Company may, and the administrator of a Deed of Company Arrangement shall, send to the Registrar a notice that this Section applies.
        (3) On receipt of a notice under subsection (2) the Registrar shall register it.
        (4) If an administrator of a Company or of a Deed of Company Arrangement sends a notice under subsection (2) he shall as soon as is reasonably practicable —
        (a) file a copy of the notice with the Court; and
        (b) send a copy of the notice to each creditor other than an opted-out creditor of whose claim and address he is aware.
        (5) On the registration of a notice under subsection (2) —
        (a) if sent by an administrator of the Company or of a Deed of Company Arrangement, the appointment of an administrator of the Company or of a Deed of Company Arrangement shall cease to have effect; and
        (b) the Company shall be wound up as if a resolution for voluntary winding-up under Section 174 (Circumstances in which a Company may be wound up voluntarily) were passed on the day on which the notice is registered.
        (6) The liquidator for the purposes of the winding-up shall be —
        (a) a person nominated by the creditors of the Company in the prescribed manner and within the prescribed period; or
        (b) if no person is nominated under paragraph (a), the administrator of the Company or of the Deed of Company Arrangement, as the case may be.
        (7) In the application of Part 3 (Winding-up) to a winding-up by virtue of this Section —
        (a) Section 192 (Notice of resolution to wind up) shall not apply;
        (b) Section 193 (Commencement of winding-up) shall apply as if the reference to the time of the passing of the resolution for voluntary winding-up were a reference to the beginning of the date of registration of the notice under subsection (3);
        (c) Section 175 (Declaration of solvency) shall not apply;
        (d) Section 186 (Meeting of members and creditors) and Section 187 (Appointment of liquidator) shall not apply;
        (e) Section 208 (Commencement of winding-up) shall apply as if the reference to the time of the passing of the resolution for voluntary winding-up were a reference to the beginning of the date of registration of the notice under subsection (3); and
        (f) any creditors' committee which is in existence immediately before the Company ceases to be in administration shall continue in existence after that time as if appointed as a Liquidation Committee under Section 230 (Liquidation Committee).

      • 123. Moving to creditors' voluntary liquidation

        (1) As soon as reasonably practicable after the day on which the Registrar registers the notice of moving to creditors' voluntary liquidation sent by the administrator of the Company or of the Deed of Company Arrangement, as the case may be, for the purposes of Section 122(3) (Moving to creditors' voluntary liquidation), the person who at that point ceases to be the administrator of the Company or of the Deed of Company Arrangement, as the case may be, must (whether he becomes the liquidator or not) send a final progress report, to the Registrar and to all those who received notice of his appointment.
        (2) For the purposes of Section 122(6)(a) (Moving to creditors' voluntary liquidation), a person is nominated by the creditors as liquidator by —
        (a) their approval of the statement of the proposed liquidator in the proposals or revised proposals of the administrator of the Company or the proposed resolutions included in the notice given to creditors under Section 90 (Meeting of creditors to consider variation or termination); or
        (b) their nomination of a different person before their approval of the proposals or revised proposals or for the purposes of the proposed resolutions.

      • 124. Moving from administration to dissolution

        (1) If the administrator of a Company thinks that the Company has no property which might permit a distribution to its creditors, he shall send a notice to that effect to the Registrar.
        (2) The Court may on the application of the administrator of a Company disapply subsection (1) in respect of the Company.
        (3) On receipt of a notice under subsection (1) the Registrar shall register it.
        (4) On the registration of a notice in respect of a Company under subsection (1) the appointment of an administrator of the Company shall cease to have effect.
        (5) If an administrator of a Company sends a notice under subsection (1) he shall as soon as is reasonably practicable —
        (a) file a copy of the notice with the Court; and
        (b) send a copy of the notice to each creditor of whose claim and address he is aware.
        (6) At the end of the period of three months beginning with the date of registration of a notice in respect of a Company under subsection (1) the Company is deemed to be dissolved.
        (7) On an application in respect of a Company by the administrator of a Company or another interested person the Court may —
        (a) extend the period specified in subsection (6);
        (b) suspend that period; or
        (c) disapply subsection (6).
        (8) Where an order is made under subsection (7) in respect of a Company the administrator of the Company shall as soon as is reasonably practicable notify the Registrar.
        (9) An administrator of a Company commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if he fails without reasonable excuse to comply with subsection (5).

      • 125. Moving from administration to dissolution

        (1) Where, for the purposes of Section 124(1) (Moving from administration to dissolution), the administrator of a Company sends a notice of moving from administration to dissolution to the Registrar, the administrator of the Company must attach to that notice a final progress report.
        (2) As soon as reasonably practicable a copy of the notice and the attached document shall be sent to all other persons who received notice of the appointment of the administrator of the Company.
        (3) Where a Court makes an order under Section 124(7) (Moving from administration to dissolution) it shall, where the applicant is not the administrator of the Company, give a copy of the order to the administrator of the Company.

      • 126. Discharge of administration order where administration ends

        (1) This Section applies where —
        (a) the Court makes an order under this Part 1 (Administration) providing for the appointment of an administrator of a Company to cease to have effect; and
        (b) the administrator was appointed by administration order.
        (2) The Court shall discharge the administration order.

      • 127. Notice to registrar where administration ends

        (1) This Section applies where the Court makes an order under these Regulations providing for the appointment of an administrator to cease to have effect.
        (2) The administrator shall send a copy of the order to the Registrar within the period of fourteen (14) days beginning with the date of the order.
        (3) An administrator who fails without reasonable excuse to comply with subsection (2) commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule.

    • Chapter 11 Chapter 11 — Replacing Administrator

      • 128. Resignation of administrator

        (1) An administrator may resign only in prescribed circumstances.
        (2) Where an administrator may resign he may do so only —
        (a) in the case of an administrator of the Company appointed by administration order, by notice in writing to the Court;
        (b) in the case of an administrator of the Company appointed under Section 21 (Power to appoint), by notice in writing to the holder of the qualifying charge by virtue of which the appointment was made;
        (c) in the case of an administrator of the Company appointed under Section 29(1) (Power to appoint), by notice in writing to the Company;
        (d) in the case of an administrator of the Company appointed under Section 29(2) (Power to appoint), by notice in writing to the Directors of the Company; or
        (e) in the case of an administrator of a Deed of Company Arrangement, by notice in writing to the Company and the Court.

      • 129. Grounds for resignation

        (1) The administrator may give notice of his resignation on grounds of ill health or because —
        (a) he intends ceasing to be an insolvency practitioner; or
        (b) there is some conflict of interest, or change of personal circumstances, which precludes or makes impracticable the further discharge by him of the duties of administrator.
        (2) The administrator may, with the permission of the Court, give notice of his resignation on grounds other than those specified in subsection (1).

      • 130. Notice of intention to resign

        (1) The administrator shall in all cases give at least five (5) business days' notice in the prescribed form of his intention to resign, or to apply for the Court's permission to do so, to the following persons —
        (a) in the case of an administrator of the Company —
        (i) if there is a continuing administrator of the Company, to him; and
        (ii) if there is a creditors' committee, to it; but
        (iii) if there is no such administrator and no creditors' committee, to the Company and its creditors.
        (b) in the case of an administrator of a Deed of Company Arrangement, to the Company and its creditors.
        (2) Where the administrator of a Company was appointed by the holder of a qualifying charge under Section 21 (Power to appoint), the notice of intention to resign shall also be sent to all holders of prior qualifying charges, and to the person who appointed the administrator of the Company.
        (3) Where the administrator of the Company was appointed by the Company or the Directors of the Company under Section 29 (Power to appoint), a copy of the notice of intention to resign shall also be sent to the appointor and all holders of a qualifying charge.

      • 131. Notice of resignation

        (1) The notice of resignation shall be in the prescribed form.
        (2) Where the administrator of a Company was appointed under an administration order, the notice shall be filed with the Court, and a copy sent to the Registrar. A copy of the notice of resignation shall be sent not more than five (5) business days after it has been filed with the Court to all those to whom notice of intention to resign was sent.
        (3) Where the administrator of a Company was appointed by the holder of a qualifying charge under Section 21 (Power to appoint), a copy of the notice of resignation shall be filed with the Court and sent to the Registrar, and anyone else who received a copy of the notice of intention to resign, within five (5) business days of the notice of resignation being sent to the holder of the qualifying charge by virtue of which the appointment was made.
        (4) Where the administrator of a Company was appointed by the Company or the Directors under Section 29 (Power to appoint), a copy of the notice of resignation shall be filed with the Court and sent to the Registrar and to anyone else who received notice of intention to resign within five (5) business days of the notice of resignation being sent to either the Company or the Directors that made the appointment.
        (5) In the case of an administrator of a Deed of Company Arrangement, a copy of the notice of resignation shall be filed with the Court and sent to the Registrar and to anyone else who received notice of his intention to resign within five (5) business days of the notice of resignation being filed with the Court.

      • 132. Removal of administrator from office

        The Court may by order remove an administrator from office.

      • 133. Application to Court to remove administrator from office

        (1) Any application under Section 132 (Removal of administrator from office) shall state the grounds on which it is requested that the administrator should be removed from office.
        (2) Service of the notice of the application shall be effected on the administrator and, in the case of an administrator of a Company, the person who made the application for the administration order or the person who appointed the administrator, the creditors' committee (if any), the joint administrator (if any), and where there is neither a creditors' committee or joint administrator, on the Company and all the creditors, including any qualifying charge holders and, in the case of an administrator of a Deed of Company Arrangement, the joint administrator (if any), the Company and all the creditors, in each case not less than five (5) business days before the date fixed for the application to be heard. Where the appointment was made under Section 21 (Power to appoint), the notice shall be served on the holder of the qualifying charge by virtue of which the appointment was made.
        (3) Where a Court makes an order removing the administrator it shall give a copy of the order to the applicant who as soon as reasonably practicable shall send a copy to the administrator.
        (4) The applicant shall also within five (5) business days of the order being made send a copy of the order to all those to whom notice of the application was sent.
        (5) A copy of the order shall also be sent to the Registrar within the same time period.

      • 134. Administrator ceasing to be licensed

        (1) The administrator of a Company or of a Deed of Company Arrangement shall vacate office if he ceases to be licensed to act as an insolvency practitioner in relation to the Company or a Deed of Company Arrangement.
        (2) Where an administrator vacates office by virtue of subsection (1) he shall give notice in writing —
        (a) in the case of an administrator of a Company appointed by administration order, to the Court;
        (b) in the case of an administrator of a Company appointed under Section 21 (Power to appoint), to the holder of the qualifying charge by virtue of which the appointment was made;
        (c) in the case of an administrator of a Company appointed under Section 29(1) (Power to appoint), to the Company;
        (d) in the case of an administrator of a Company appointed under Section 29(2) (Power to appoint), to the Directors of the Company; or
        (e) in the case of an administrator of a Deed of Company Arrangement, to the Company, the creditors of the Company and the Court.
        (3) An administrator who fails without reasonable excuse to comply with subsection (2) commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule.

      • 135. Notice of vacation of office when administrator ceases to be licensed to act

        Where the administrator who has ceased to be licensed to act as an insolvency practitioner in relation to the Company or a Deed of Company Arrangement, as the case may be, gives notice in accordance with Section 134 (Administrator ceasing to be licensed), he shall also give notice to the Registrar.

      • 136. Administrator deceased

        (1) Subject as follows, where the administrator has died, it is the duty of his personal representatives to give notice of the fact to the Court, specifying the date of the death. This does not apply if notice has been given under either subsection (2) or (3).
        (2) If the deceased administrator was a partner in or an employee of a firm, notice may be given by a partner in the firm who is licensed to act as an insolvency practitioner.
        (3) Notice of the death may be given by any person producing to the Court the relevant death certificate or a copy of it.
        (4) Where a person gives notice to the Court under this Section, he shall also give notice to the Registrar.

      • 137. Supplying vacancy in office of administrator

        (1) This Section applies where an administrator —
        (a) dies;
        (b) resigns;
        (c) is removed from office under Section 132 (Removal of administrator from office); or
        (d) vacates office under Section 134 (Administrator ceasing to be qualified).
        (2) Where the administrator of a Company was appointed by administration order, the Court may replace the administrator of the Company on an application under this Section made by —
        (a) a creditors' committee of the Company;
        (b) the Company;
        (c) the Directors of the Company;
        (d) one or more creditors of the Company; or
        (e) where more than one person was appointed to act jointly or concurrently as the administrator of the Company, any of those persons who remain in office.
        (3) But an application may be made in reliance on subsection (2)(b) to (d) only where —
        (a) there is no creditors' committee of the Company;
        (b) the Court is satisfied that the creditors' committee or a remaining administrator of the Company is not taking reasonable steps to make a replacement; or
        (c) the Court is satisfied that for another reason it is right for the application to be made.
        (4) Where the administrator of the Company was appointed under Section 21 (Power to appoint) the holder of the qualifying charge by virtue of which the appointment was made may replace the administrator of the Company.
        (5) Where the administrator of the Company was appointed under Section 29(1) (Power to appoint) by the Company it may replace the administrator of the Company.
        (6) A replacement under subsection (5) may be made only —
        (a) with the consent of each person who is the holder of a qualifying charge in respect of the Company's property; or
        (b) where consent is withheld, with the permission of the Court.
        (7) Where the administrator of the Company was appointed under Section 29(2) (Power to appoint) the Directors of the Company may replace the administrator of the Company.
        (8) A replacement under subsection (7) may be made only —
        (a) with the consent of each person who is the holder of a qualifying charge in respect of the Company's property; or
        (b) where consent is withheld, with the permission of the Court.
        (9) The Court may replace an administrator of the Company on the application of a person listed in subsection (2) if the Court —
        (a) is satisfied that a person who is entitled to replace the administrator of the Company under any of subsections (4), (5) or (7) is not taking reasonable steps to make a replacement; or
        (b) that for another reason it is right for the Court to make the replacement.
        (10) The Court may replace an administrator of a Deed of Company Arrangement on the application of a creditor or creditors, or a liquidator or provisional liquidator, of the Company concerned.

      • 138. Application to replace

        (1) Where an application is made to the Court under Section 137(2), 137(9) or 137(10) (Supplying vacancy in office of administrator) to appoint a replacement administrator, the application shall be accompanied by a written statement in the prescribed form by the person proposed to be the replacement administrator.
        (2) Where the original administrator was appointed under an administration order, a copy of the application shall be served, in addition to those persons listed in Section 8(2) (Administration application), on the person who made the application for the administration order.
        (3) Where the application to the Court is made under Section 137(9) (Supplying vacancy in office of administrator), the application shall be accompanied by a witness statement setting out the applicant's belief as to the matters set out in that subsection.
        (4) Section 15 (Manner in which service to be effected) shall apply to the service of an application under Section 137(2), 137(9) or 137(10) (Supplying vacancy in office of administrator) as it applies to service in accordance with Section 13 (Service of administration application).
        (5) Sections 16 (Proof of service), 17 (Administration application to appoint specified person as administrator by holder of qualifying charge), 19 (The hearing), 20(1) and 20(2) (Notice of administration order) apply to an application under Section 137(2) or 137(9) (Supplying vacancy in office of administrator) and Sections 16 (Proof of service), 19 (The hearing) (but treating references to administrator of the Company as administrator of a Deed of Company Arrangement), 20(1) and 20(2) (Notice of administration order) apply to an application under Section 137(10) (Supplying vacancy in office of administrator).

      • 139. Notification and advertisement of replacement administrator

        (1) Where a replacement administrator is appointed, the same provisions apply in respect of giving notice of, and advertising, the replacement appointment as in the case of the appointment (subject to subsection (2)), and all statements, consents etc. as are required shall also be required in the case of the appointment of a replacement. All forms and notices shall clearly identify that the appointment is of a replacement administrator.
        (2) The replacement administrator shall send notice of the appointment to the Registrar.

      • 140. Substitution of administrator: competing qualifying charge-holder

        (1) This Section applies where an administrator of a Company is appointed under Section 21 (Power to appoint) by the holder of a qualifying charge in respect of the Company's property.
        (2) The holder of a prior qualifying charge in respect of the Company's property may apply to the Court for the administrator to be replaced by an administrator nominated by the holder of the prior charge.

      • 141. Substitution of administrator appointed by Company or Directors: creditors' meeting

        (1) This Section applies where —
        (a) an administrator of a Company is appointed by a Company or Directors under Section 29 (Power to appoint); and
        (b) there is no holder of a qualifying charge in respect of the Company's property.
        (2) A creditors' meeting may replace the administrator of the Company.
        (3) A creditors' meeting may act under subsection (2) only if the new administrator's written consent to act is presented to the meeting before the replacement is made.

      • 142. Vacation of office: discharge from liability

        (1) Where a person ceases to be the administrator of a Company or of a Deed of Company Arrangement (whether because he vacates office by reason of resignation, death or otherwise, because he is removed from office or because his appointment ceases to have effect) he is discharged from liability in respect of any action of his as administrator.
        (2) The discharge provided by subsection (1) takes effect —
        (a) in the case of an administrator who dies, on the filing with the Court of notice of his death;
        (b) in the case of an administrator of a Company appointed under Section 21 (Power to appoint) or Section 29 (Power to appoint), at a time appointed by resolution of the creditors' committee or, if there is no committee, by resolution of the creditors; or
        (c) in any case, at a time specified by the Court.
        (3) For the purpose of the application of subsection (2)(b) in a case where the administrator of a Company has made a statement under Section 61(6)(b) (Requirement for initial creditors' meeting), a resolution shall be taken as passed if (and only if) passed with the approval of —
        (a) each secured creditor of the Company; or
        (b) if the administrator of the Company has made a distribution to preferential creditors or thinks that a distribution may be made to preferential creditors —
        (i) each secured creditor of the Company; and
        (ii) preferential creditors whose debts amount to more than 50% of the preferential debts of the Company, disregarding debts of any creditor who does not respond to an invitation to give or withhold approval.
        (4) Discharge —
        (a) applies to liability accrued before the discharge takes effect; and
        (b) does not prevent the exercise of the Court's powers under Section 106 (Misfeasance).

      • 143. Vacation of office: charges and liabilities

        (1) This Section applies where a person ceases to be the administrator of a Company (whether because he vacates office by reason of resignation, death or otherwise, because he is removed from office or because his appointment ceases to have effect).
        (2) In this Section —
        (a) "the former administrator" means the person referred to in subsection (1); and
        (b) "cessation" means the time when he ceases to be the Company's administrator.
        (3) The former administrator's remuneration and expenses shall be —
        (a) charged on and payable out of property of which he had custody or control immediately before cessation; and
        (b) payable in priority to any security to which Section 99 (Charged property: floating charge) applies.
        (4) A sum payable in respect of a debt or liability arising out of a contract entered into by the former administrator or a predecessor before cessation shall be —
        (a) charged on and payable out of property of which the former administrator had custody or control immediately before cessation; and
        (b) payable in priority to any charge arising under subsection (3).
        (5) Subsection (4) shall apply to a liability arising under a contract of employment which was adopted by the former administrator or a predecessor before cessation; and for that purpose —
        (a) action taken within the period of fourteen (14) days after an administrator's appointment shall not be taken to amount or contribute to the adoption of a contract;
        (b) no account shall be taken of a liability which arises, or in so far as it arises, by reference to anything which is done or which occurs before the adoption of the contract of employment; and
        (c) no account shall be taken of a liability to make a payment other than wages or salary.
        (6) In subsection (5)(c) "wages or salary" includes —
        (a) a sum payable in respect of a period of holiday (for which purpose the sum shall be treated as relating to the period by reference to which the entitlement to holiday accrued);
        (b) a sum payable in respect of a period of absence through illness or other good cause; and
        (c) a sum payable in lieu of holiday.

      • 144. Administrator's duties on vacating office

        (1) Where the administrator ceases to be in office as such, in consequence of removal, resignation or cesser of qualification as an insolvency practitioner, he is under an obligation as soon as reasonably practicable to deliver up to the person succeeding him as administrator the property of the Company (after deduction of any expenses properly incurred and distributions made by him), but in the case of an administrator of a Deed of Company Arrangement, only to the extent put into and remaining in his possession pursuant to the Deed of Company Arrangement and further to deliver up to that person —
        (a) his records as administrator, including all relevant correspondence, proofs and other related papers; and
        (b) the Company's books, papers and other records, to the extent within his control.
        (2) If the administrator makes default in complying with this Section, he commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule.

    • Chapter 12 Chapter 12 — General

      • 145. Joint administrators

        (1) In this Part 1 (Administration) —
        (a) a reference to the appointment of an administrator of a Company or of a Deed of Company Arrangement includes a reference to the appointment of a number of persons to act jointly or concurrently as the administrator of a Company or of a Deed of Company Arrangement, respectively; and
        (b) a reference to the appointment of a person as administrator of a Company or of a Deed of Company Arrangement includes a reference to the appointment of a person as one of a number of persons to act jointly or concurrently as the administrator of a Company or of a Deed of Company Arrangement, respectively.
        (2) The appointment of a number of persons to act as administrator of a Company or of a Deed of Company Arrangement must specify —
        (a) which functions (if any) are to be exercised by the persons appointed acting jointly; and
        (b) which functions (if any) are to be exercised by any or all of the persons appointed.
        (3) This Section applies where two or more persons are appointed to act jointly as the administrator of a Company or of a Deed of Company Arrangement, as the case may be.
        (4) A reference to the administrator of the Company or of a Deed of Company Arrangement is a reference to those persons acting jointly.
        (5) However, a reference to the administrator of a Company or of a Deed of Company Arrangement in Chapter 11 (Replacing Administrator) of this Part 1 (Administration) is a reference to any or all of the persons appointed to act jointly.
        (6) Where a contravention of omission is committed by the administrator, each of the persons appointed to act jointly —
        (a) commits the contravention; and
        (b) may be proceeded against and punished individually.
        (7) The reference in Section 47(1)(a) (Publicity) to the name of the administrator of a Company is a reference to the name of each of the persons appointed to act jointly.
        (8) Where persons are appointed to act jointly in respect of only some of the functions of the administrator of a Company or of a Deed of Company Arrangement, this Section applies only in relation to those functions.

      • 146. Concurrent administrators

        (1) This Section applies where two or more persons are appointed to act concurrently as the administrator of a Company or of a Deed of Company Arrangement.
        (2) A reference to the administrator of a Company or of a Deed of Company Arrangement in these Regulations is a reference to any of the persons appointed (or any combination of them).

      • 147. Joint and concurrent administrators

        (1) Where a Company is in administration, a person may be appointed to act as administrator jointly or concurrently with the person or persons acting as the administrator of the Company.
        (2) Where a Company entered administration by administration order, an appointment under subsection (1) must be made by the Court on the application of —
        (a) a person or group listed in Section 8(1)(a) to 8(1)(d) (Administration application); or
        (b) the person or persons acting as the administrator of the Company.
        (3) Where a Company entered administration by virtue of an appointment under Section 21 (Power to appoint), an appointment under subsection (1) must be made by —
        (a) the holder of the qualifying charge by virtue of which the appointment was made; or
        (b) the Court on the application of the person or persons acting as the administrator of the Company.
        (4) Where a Company entered administration by virtue of an appointment under Section 29(1) (Power to appoint), an appointment under subsection (1) above must be made either by the Court on the application of the person or persons acting as the administrator of the Company or —
        (a) by the Company; and
        (b) with the consent of each person who is the holder of a qualifying charge in respect of the Company's property or, where consent is withheld, with the permission of the Court.
        (5) Where a Company entered administration by virtue of an appointment under Section 29(2) (Power to appoint), an appointment under subsection (1) must be made either by the Court on the application of the person or persons acting as the administrator of the Company or —
        (a) by the Directors of the Company; and
        (b) with the consent of each person who is the holder of a qualifying charge in respect of the Company's property or, where consent is withheld, with the permission of the Court.
        (6) An appointment under subsection (1) may be made only with the consent of the person or persons acting as the administrator of the Company.
        (7) Where a Company is subject to a Deed of Company Arrangement, a person may be appointed to act as an administrator jointly or concurrently with the person or persons acting as the administrator of the Deed of Company Arrangement by resolution of the creditors of the Company at a meeting of creditors convened pursuant to Section 90 (Meeting of creditors to consider variation or termination), subject to such appointment obtaining the consent of the person or persons acting as the administrator of the Deed of Company Arrangement.

      • 148. Notification and advertisement of joint administrator

        (1) Where, after an initial appointment has been made, an additional person or persons are to be appointed as joint administrator, the same Sections shall apply in respect of giving notice of and advertising the appointment as in the case of the initial appointment, subject to subsection (2).
        (2) The additional administrator shall send notice of the appointment to the Registrar.

      • 149. Presumption of validity

        An act of the administrator of a Company or of a Deed of Company Arrangement is valid in spite of a defect in his appointment or qualification.

      • 150. Majority decision of Directors

        A reference in this Part 1 (Administration) to something done by the Directors of a Company includes a reference to the same thing done by a majority of the Directors of a Company.

      • 151. Extension of time limit

        (1) Where a provision of this Part 1 (Administration) provides that a period may be varied in accordance with this Section, the period may be varied in respect of a Company —
        (a) by the Court; and
        (b) on the application of the administrator of the Company, if the Company is in administration, or the administrator of the Deed of Company Arrangement, if the Company is subject to a Deed of Company Arrangement.
        (2) A time period may be extended in respect of a Company under this Section —
        (a) more than once; and
        (b) after expiry.
        (3) A period specified in Section 56(6) (Administrator's proposals), paragraph 6 (Notice of meetings: when and to whom delivered) of Schedule 6 (Meetings and Correspondence) or Section 61(2) (Requirement for initial creditors' meeting) may be varied in respect of a Company by the administrator of the Company or, in the case of a Company which is subject to a Deed of Company Arrangement and the relevant period specified in paragraph 6 (Notice of meetings: when and to whom delivered) of Schedule 6 (Meetings and Correspondence), by the administrator of the Deed of Company Arrangement, with consent.
        (4) In subsection (3) "consent" means consent of —
        (a) each secured creditor of the Company; and
        (b) if the Company has unsecured debts, creditors whose debts amount to more than 50% of the Company's unsecured debts, disregarding debts of any creditor who does not respond to an invitation to give or withhold consent.
        (5) But where the administrator of a Company has made a statement under Section 61(6)(b) (Requirement for initial creditors' meeting) "consent" means —
        (a) consent of each secured creditor of the Company; or
        (b) if the administrator thinks that a distribution may be made to preferential creditors, consent of —
        (i) each secured creditor of the Company; and
        (ii) preferential creditors whose debts amount to more than 50% of the total preferential debts of the Company, disregarding debts of any creditor who does not respond to an invitation to give or withhold consent.
        (6) Consent for the purposes of subsection (3) may be —
        (a) written; or
        (b) signified at a creditors' meeting or meeting of creditors.
        (7) The power to extend under subsection (2) —
        (a) may be exercised in respect of a period only once;
        (b) may not be used to extend a period by more than 28 days;
        (c) may not be used to extend a period which has been extended by the Court; and
        (d) may not be used to extend a period after expiry.
        (8) Where a period is extended under this Section, a reference to the period shall be taken as a reference to the period as extended.