Insolvency Act 1986, Schedule B1, paragraph 12

SCHEDULE B1 ADMINISTRATION

12 (1) An application to the court for an administration order in respect of a company (an “administration application”) may be made only by—

Definitions used in Schedule B1, paragraph 12 2

the company

2 Section 233B does not apply in relation to a contract for the supply of goods or services to a company (“the company”) where any of paragraphs 3 to 11 applies.

Defined in Sch.4ZZA para.2 · see it in the full Act
company

(1A) In this Schedule, “company” means—

(a)a company registered under the Companies Act 2006 in England and Wales or Scotland,

(b)a company incorporated in an EEA State ..., or

(c)a company not incorporated in an EEA State but having its centre of main interests in a member State (other than Denmark) or in the United Kingdom .

Defined in Sch.B1 para.111(1A) · see it in the full Act

Cases considering Schedule B1, paragraph 12 31

Marko Ventures v London Antiaging Clinic Ltd

[2025] EWHC 340 (Ch) · 21 February 2025

Applies the standing provision so that a creditor with a good arguable case that a debt is owing may apply for an administration order, even where the debt is disputed. The applicant had standing through an undisputed loan-note debt (see paras [32]; [43]).

KRF Services (UK) Ltd & Ors, Re

[2024] EWHC 2978 (Ch) · 26 November 2024

The provision was identified as the basis on which the Company could apply. The court concluded that the sole director’s valid resolution authorised that application. (see paras [30]-[34]) The provision was considered only as an alternative possible basis for the application. The court did not need to decide it. The court applied the provision by joining Keltbray as a creditor applicant and making the administration order on the joint application of all three applicants. (see para [34])

Abigal Boura v Lyhfl Limited

[2023] EWHC 2585 (Ch) · 19 October 2023Interprets

Interprets “the directors” as requiring authorisation by all or a majority of the board for a court application, where the decision is made at a properly convened board meeting. One of two directors therefore lacked standing without a valid board resolution. (see paras [5], [10]-[14], [20], [23])

11 more judgments, and what each says about Schedule B1, paragraph 12, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Modifications

  1. C1346Sch. B1 para. 12 applied (5.7.2018) by Housing and Planning Act 2016 (c. 22), ss. 106(8), 216(3) (with ss. 116, 117); S.I. 2018/805, reg. 3(a)