Rule 3.56 Notice of end of administration when purposes achieved (paragraph 80(2) of Schedule B1)

(1)

Where an administrator who was appointed under paragraph 14 or 22 of Schedule B1 thinks that the purpose of administration has been sufficiently achieved, the notice (“notice of end of administration”) which the administrator may file with the court and deliver to the registrar of companies under paragraph 80(2) of Schedule B1 must be headed “Notice of end of administration” and identify the company immediately below the heading.

(2)

The notice must contain—

(a)

identification details for the proceedings;

(b)

the administrator's name and address;

(c)

a statement that that person has been appointed administrator of the company;

(d)

the date of the appointment;

(e)

the name of the person who made the appointment or the administration application, as the case may be;

(f)

a statement that the administrator thinks that the purpose of the administration has been sufficiently achieved;

(g)

a statement that a copy of the final progress report accompanies the notice; and

(h)

a statement that the administrator is filing the notice with the court and delivering a copy to the registrar of companies.

(3)

The notice must be authenticated by the administrator and dated.

(4)

The notice must be accompanied by a final progress report.

(5)

The notice filed with the court must also be accompanied by a copy of the notice.

(6)

The court must endorse the notice and the copy with the date and time of filing, seal the copy and deliver it to the administrator.

(7)

The prescribed period within which the administrator, under paragraph 80(4) M1 of Schedule B1, must send a copy of the notice to the creditors is five business days from the filing of the notice.

(8)

The copy notice sent to creditors must be accompanied by the final progress report.

(9)

The administrator must within the same period deliver a copy of the notice and the final progress report to all other persons (other than the creditors and the registrar of companies) to whom notice of the administrator's appointment was delivered.

(10)

The administrator is taken to have complied with the requirement in paragraph 80(4) of Schedule B1 to give notice to the creditors if, within five business days of filing the notice with the court, the administrator gazettes a notice which—

(a)

states that the administration has ended, and the date on which it ended;

(b)

undertakes that the administrator will provide a copy of the notice of end of administration to any creditor of the company who applies in writing; and

(c)

specifies the address to which to write.

(11)

The Gazette notice may be advertised in such other manner as the administrator thinks fit.

Annotations

Marginal citations

M1: Paragraph 80(4) is amended by paragraph 10(30) of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).