• 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.