Validating an administrator’s appointment: a solicitor’s post-appointment checklist covering documentation, notices, statutory declarations, QFCH/out-of-court appointments, floating charges, defects, retrospective orders and indemnities
Published by a
LexisNexis Restructuring & Insolvency expert
Checklists
When advising an administrator appointed over a company, it is usual, shortly after their appointment, for the administrator to instruct a solicitor to review the appointment papers and the surrounding circumstances and to issue a letter confirming that the appointment is valid. This confirmation provides the administrator with assurance that they are acting properly going forward.
If it later transpires that they were not validly appointed, a creditor, one of the directors, or the company may bring a challenge.
For further information on how to make an appointment, see Practice Notes:
- Out-of-court administrator appointments—who can appoint and in what circumstances?
- Out-of-court administration appointments by a company or its directors—the procedure
- Out-of-court administration appointments by a QFCH—the procedure
- Court appointment of administrators—who can apply and in what circumstances?
- How to file for administration out of court opening hours
Where there is a defect in the appointment or in the administrator’s qualification, any acts already carried out by the administrator will be treated as valid. However, this saving does not apply where the appointment was a nullity, although the court does have power, where appropriate, to grant a retrospective appointment...
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 20/05/2026
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
