Conveyancing or leasing from a company in administration (Scotland): due diligence on appointment, floating charges, warrandice and registration

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Administrator appointed by the court

Where the court appoints an administrator under paragraph 11, Schedule B1 to the Insolvency Act 1986 (IA 1986), following an application by the company, its directors and/or any one or more of its creditors, the title deeds must contain certified copies of:

the administration order; and
any subsequent order(s) under IA 1986, Sch B1, paras 91–95 appointing a new administrator on the death, resignation or removal of the original or any successor

The Administrator must also register a notice of appointment at:

Companies House; and
the Register of Inhibitions, using a form that complies with the Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018 (ISCVAAR 2018), SI 2018/1082, r 3.27

Administrator appointed by holder(s) of qualifying charge, the company or its directors

Where appointment is made by the holder(s) of a qualifying floating charge (under IA 1986, Sch B1, para 14) or by the company or its directors (under IA 1986, Sch B1, para 22), the title deeds should include certified copies of:

the notice of appointment:
- in a form complying with the requirements of:...

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Craig Falconer

Addleshaw Goddard

Craig is an Associate in the Finance and Projects Division of Addleshaw Goddard LLP. With a commercial real estate background, Craig focusses on all aspects of distressed real estate, acting for lenders, insolvency practitioners and corporates in connection with the acquisition, management and sale of distressed property and has been involved in a number of large portfolio sales. Craig also regularly advises lenders, investors and corporates on all aspects of real estate finance projects....

Web page updated on 20/05/2026

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