Powered by Lexis+®
Jurisdiction(s):
United Kingdom
United Kingdom
Key definition
Administrative Receivership definition What does Administrative Receivership mean? Administrative receivership is the enforcement process by which a secured creditor holding a floating charge over the whole or substantially the whole of a company’s undertaking appoints an insolvency practitioner as administrative receiver to take control, trade and/or sell the business to repay the secured debt. The status and powers of an administrative receiver are set out in the Insolvency Act 1986; the term is used descriptively in practice. Appointment follows a default or other trigger under the debenture or security. The administrative receiver acts as agent of the company, owes primary duties to the appointing charge‑holder and...
Read More
Administrative receiverships: creditor engagement, decision procedures, voting and committees under IA 1986 and IR 2016 (England and Wales)
Published by a
LexisNexis Restructuring & Insolvency expert
Practice notes
The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 lay down the framework for decision-making across all insolvency procedures. The detailed rules governing such decisions appear in IR 2016, SI 2016/1024, Pt 15. Since the Enterprise Act 2002 reforms, the ambit of Administrative Receivership has been sharply reduced. A receiver of that type can no longer be appointed under a Qualifying floating charge, as set out in Schedule B1 to the Insolvency Act 1986 (IA 1986), created on or after 15 September 2003, save in a narrow range of cases of minimal general practical significance. In practice, a debenture holder will almost invariably opt to appoint an administrator rather than seeking the appointment of an administrative receiver.
Relationship between the administrative receiver and creditors
IA 1986, s 47(3) places a duty on the following persons to prepare and deliver a statement of affairs to an administrative receiver:
- persons who are, or have previously been, officers of the company
- persons who participated in the company’s formation at any time within one year before the appointment date of the administrative receiver
- persons employed by the company, or who were employed within that year, and during that same twelve-month period accordingly...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
