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When taking a lease or a transfer from an administrative receiver, the title deeds should include the original debenture, or a certified copy, under which the receiver was appointed a certificate from the chargee (or their conveyancer) confirming the power of appointment under the debenture has arisen the original deed appointing the receiver, or a certified copy a certified copy of the receiver’s notice accepting the appointment (the original is retained by the chargee) HM Land Registry will need all of the above to register the lease or transfer. Although the debenture is usually noted against the property title, HM Land Registry will also verify that it: has been registered at Companies House has been duly executed contains provisions permitting the receiver’s appointment and the proposed disposition Checking the appointment An administrative receiver cannot be appointed under a debenture or charge dated after 15 September 2003, unless the security falls within one...
When taking a lease or a disposition from a receiver or an administrative receiver, the title deeds should include: the original or a certified duplicate of the floating charge under which the receiver was appointed a certificate from the chargee (or their solicitor) confirming the appointment power under the floating charge has crystallised the original or a certified duplicate of the instrument appointing the receiver, whether under IA 1986, s 53 (by the holder of a floating charge) or IA 1986, s 54 (by the court), and for any appointment under IA 1986, s 53, a certified copy of the receiver’s notice accepting the appointment (the original is retained by the chargee) It is also necessary to check that the floating charge: is registered at Companies House has been properly executed (see Practice Note: Execution of documents under Scots law) includes authority permitting the receiver’s appointment and the transaction (ie lease or disposition) ...
In this issue: COVID-19 Cases and decisions Insurance claims UK Regulation EU Regulation Cases tracker Dates for your diary New and updated content Daily and weekly news alerts LexTalk®Insurance: a Lexis®Nexis community COVID-19 Racecourses lose early fight in £80m coronavirus (COVID-19) insurance dispute On 22 July 2025, a racecourse operator closed by the coronavirus (COVID-19) pandemic failed in its argument that the £2.5m policy limit attached to each cancelled race; the London court held that individual fixtures did not constitute distinct occurrences of loss. See: Racecourses lose early fight in £80m coronavirus (COVID-19) insurance dispute. Cases and decisions AXA France IARD S.A. v Santander Cards UK Ltd In the King’s Bench Division (Commercial Court), the court examined intricate issues linked to alleged mis-selling of Payment Protection Insurance (PPI) predating 2005. AXA, as claimant, proceeded against Santander (formerly GECB). The court determined that the indemnity under the agency agreement...
The official receiver (OR) is designated as trustee in bankruptcy (trustee) or as liquidator to manage and investigate every bankruptcy and court-ordered winding up, including those of partnerships. The Secretary of State or the creditors may, in place of the OR, appoint an insolvency practitioner (IP) to act as trustee for personal insolvencies or as liquidator for corporate cases. Under the Insolvency Regulations 1994, SI 1994/2507, as amended (the Regulations), the OR or IP, as appropriate, is obliged to pay into the (ISA) any funds they receive while administering all bankruptcies and compulsory liquidations. Before 1 October 2011, sums from voluntary liquidations could also be lodged in the ISA; now, only unclaimed dividends in a voluntary liquidation may be paid into the ISA. Likewise, unclaimed dividends arising in an administration or an administrative receivership may be paid into the ISA once the company has been dissolved. The Regulations also permit payments out of the ISA for disbursements, expenses and distributions to creditors and, in a liquidation, to contributories, or, in...
When deciding how a deed or contractual agreement should be signed, the execution block to use will vary according to: the type of document (for example, a contract or a deed) who is signing on behalf of the entity (the company itself, an administrator, liquidator, administrative receiver, receiver, nominee or supervisor) Type of document Broadly, documents fall into two groups: agreements/contracts, which require valuable consideration deeds, for which consideration is not needed Deeds are instruments that: state on their face that they are intended to take effect as a deed are properly executed as a deed Because deeds must be executed in the presence of a witness to be binding, they carry a stronger presumption of validity than instruments simply signed by the parties, or those under seal. The witness should ideally be independent (not the party’s solicitor, colleague, spouse, family member, or another party to the deed)...
A receiver commonly operates as the mortgagor's agent in collecting income and in disposing of the assets in respect of which that receiver has been appointed. This Practice Note considers the effect of bankruptcy or liquidation on the position of the receiver as agent of the mortgagor, and the consequences of a receiver losing that agency in that capacity in practice. The receiver's status is important because it affects: the potential liability of both the receiver and the appointing mortgagee for acts carried out by the receiver, and for omissions by the receiver to do those acts how any documentation is structured, ie whether the receiver enters into an agreement as principal, or as the mortgagor's agent Where the receiver cannot act as the mortgagor's agent, they will either act as principal or, less preferably from the mortgagee's point of view, as the mortgagee's agent, in such circumstances as applicable. For an explanation of the different types of receivers, see...
date [ date ] Parties [ name of Seller ], in administrative receivership [ and also in liquidation ], incorporated in England and Wales (company registration number [ number ]), whose registered office is at [ address ] (Seller), acting through [ any one of ] its [ joint ] administrative receiver[s], [ name of (first) receiver ] (Insolvency Practitioner) [ of [ address ] OR [ and [ name of joint administrator ] (Insolvency Practitioner) [ both ] of [ address ] ] ] (Receiver[s]) [ name of Buyer ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] [ and whose address for service in England and Wales is [ address ] ] (Buyer) 1 Definitions For this Agreement, the terms below shall mean: Actual Completion Date — the day when the Transfer is in fact completed; Buyer’s Solicitors —...
(1) It is hereby declared that, except where the context otherwise requires—(a) any reference in . . . this Act to a receiver or manager of the property of a company, or to a receiver of it, includes a receiver or manager, or (as the case may be) a receiver of part only of that property and a receiver only of the income arising from the property or from part of it; and(b) any reference in . . . this Act to the appointment of a receiver or manager under powers contained in an instrument includes an appointment made under
In this Group of Parts, except in so far as the context otherwise requires—“administrative receiver” means—(a) an administrative receiver as defined by section 29(2) in Chapter I of Part III, or(b) a receiver appointed under section 51 in Chapter II of that Part in a case where the whole (or substantially the whole) of the company's property is attached by the floating charge;[“agent” does not include a person's counsel acting as such;][“books and papers” and “books or papers” includes accounts, deeds, writing and documents;]“business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of Great Britain;“chattel leasing agreement” means an agreement for the bailment or,
388 Meaning of “act as insolvency practitioner”(1) A person acts as an insolvency practitioner in relation to a company by acting—(a) as its liquidator, provisional liquidator, administrator[, administrative receiver or monitor], or[(b) where a voluntary arrangement in relation to the company is proposed or approved under Part I, as nominee or supervisor].(2) A person acts as an insolvency practitioner in relation to an individual by acting—(a) as his trustee in bankruptcy or interim receiver of his property or