ABSTRACT
On the hearing of the application, anyone entitled to appoint an administrative receiver may appear together with the petitioner of the company itself. In addition, with leave of the court, any other person who appears to have an interest may appear (r 2.9). It is the court which appoints the administrator (s 13), though the administrator is nominated by the applicant for the order. The administration order must specify the one or more purposes set out in s 8(3) which the administration order is intended to achieve. The form of order is Form 2.4 in Sched 4 to the Rules. Once an administration order is made, any petition for the winding up of the company is dismissed automatically and any administrative receiver must vacate office. Also, no resolution for the voluntary winding up of the company may be passed, no administrative receiver may be appointed and no steps may be taken in any legal proceedings against the company or for enforcement of any security over the company’s assets except with leave of the court (s 11).
