Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts
Key definition
Administration definition

What does Administration mean? Administration is a corporate insolvency procedure used to protect and stabilise a financially distressed company while an independent insolvency practitioner (the administrator) takes control to pursue rescue or a better return to creditors than liquidation. It is a statutory process in England and Wales and Scotland under the Insolvency Act 1986, Schedule B1, and in Northern Ireland under the Insolvency (Northern Ireland) Order 1989, Schedule B1. Key features include an immediate moratorium on most creditor enforcement, displacement of the directors’ management powers, and appointment either by court order or out of court by the company, its directors or...

Read More Right Arrow

Out-of-court administrator appointments by QFCHs in England and Wales: procedure, notices, filing (CE-file and out-of-hours), moratorium, required documents, and key case law

Practice notes
imgtext

Out-of-court Appointments

This Practice Note addresses:

  • the out-of-court mechanism for an appointment by a qualifying floating charge holder (QFCH), and
  • the paperwork required to effect the appointment

The principal provisions governing administrator appointments by a QFCH via the out-of-court route are found in paragraphs 14–21 of Schedule B1 to the Insolvency Act 1986 (IA 1986) and the Insolvency Rules (England and Wales) 2016 (IR 2016), SI 2016/1024, rr 3.16–3.22.

The procedure typically comprises three stages:

  • Pre-appointment
  • Notice of intention to appoint
  • Notice of appointment

For guidance on who may use the out-of-court process to appoint an administrator, see Practice Note: Out-of-court administrator appointments—who can appoint and in what circumstances?

For a procedural checklist, see: Appointment of an administrator using the out-of-court procedure by a qualifying floating charge holder (QFCH)—checklist and timeline.

For details on e-filing in the context of appointments by a QFCH, see: E-filing and appointment of administrators below.

Pre-appointment QFC criteria

There are several conditions concerning the security itself that must be met before the out-of-court appointment route can be used...

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)...

Read More Right Arrow

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...

Read More Right Arrow

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 ...

Read More Right Arrow

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 ]...

Read More Right Arrow