Article 27 General powers
Northern Ireland
The administrator of a company—
may do all such things as may be necessary for the management of the affairs, business and property of the company, and
without prejudice to the generality of sub‐paragraph (a), has the powers specified in Schedule 1;
and in the application of that Schedule to the administrator of a company the words “he” and “him” refer to the administrator.
The administrator also has power—
to remove any director of the company and to appoint any person to be a director of it, whether to fill a vacancy or otherwise, and
to call any meeting of the members or creditors of the company.
The administrator may apply to the High Court for directions in relation to any particular matter arising in connection with the carrying out of his functions.
Any power conferred on the company or its officers, whether by this Order or the Companies Order or by the memorandum or articles of association, which could be exercised in such a way as to interfere with the exercise by the administrator of his powers is not exercisable except with the consent of the administrator, which may be given either generally or in relation to particular cases.
In exercising his powers the administrator is deemed to act as the company's agent.
A person dealing with the administrator in good faith and for value is not concerned to inquire whether the administrator is acting within his powers.
Annotations
Textual amendments
- F1
mod. by SR 2004/307
Notes on Part III
Textual amendments
- F1
Pt. III art. 21 substituted (27.3.2006) for Pt. III arts. 21 - 39 by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(1) (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22 arts. 2 - 7); specified substituted provisions amended (1.10.2009) by S.I. 2009/1941, arts. 2(1), 8, Sch. 1 para. 109 (with art. 10); and by S.I. 2009/1972, regs. 4(d)(iii), 7(b)
- F2
mod. by S.I. 2005/1644
- F3
Pts. I-V modified by S.R. 2004/307 (as amended (1.10.2006) by Limited Liability Partnerships (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/377), reg. 3, Sch. 2)
Modifications
- C1
Pts. 1-5 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 1A para. 3 (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), reg. 1(2), Sch. 1)