Insolvency Act 1986, Schedule B1, paragraph 29

SCHEDULE B1 ADMINISTRATION

29(1)A person who appoints an administrator of a company under paragraph 22 shall file with the court—

(a)a notice of appointment, and

(b)such other documents as may be prescribed.

(2)The notice of appointment must include a statutory declaration by or on behalf of the person who makes the appointment—

(a)that the person is entitled to make an appointment under paragraph 22,

(b)that the appointment is in accordance with this Schedule, and

(c)that, so far as the person making the statement is able to ascertain, the statements made and information given in the statutory declaration filed with the notice of intention to appoint remain accurate.

Definitions used in Schedule B1, paragraph 29 3

administrator

1 (1) For the purposes of this Act “administrator” of a company means a person appointed under this Schedule to manage the company’s affairs, business and property.

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

“administrator” has the meaning given by paragraph 1 and, where the context requires, includes a reference to a former administrator,

Defined in Sch.B1 para.111(1) · see it in the full Act
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 29 23

Kebbell & Anor v Hat & Mitre PLC & Ors (As Joint Administrators of Hat & Mitre PLC)

[2020] EWHC 2649 (Ch) · 8 October 2020

The provision is applied to the prescribed notice of an out-of-court appointment and the directors’ statutory declaration process. (see paras [35]; [40]; [100]-[101])

Gregory & Ors v A.R.G. (Mansfield) Ltd

[2020] EWHC 1133 (Ch) · 7 May 2020Interprets

Paragraph 29 governs filing of the notice of appointment and associated documents and is read with section 362A to determine when an appointment can become effective (see paras [27], [94]-[107]). Paragraph 29(1) requires filing of the notice of appointment and prescribed documents. It supports the conclusion that regulator consent must be lodged by the time the notice of appointment is filed (see paras [27], [94], [99], [107]). Paragraph 29(2) identifies the statutory declaration accompanying the notice of appointment. It supports treating regulator consent as a prescribed document required before the appointment can become effective (see paras [27], [99]). Paragraph 29(3) requires the administrator’s consent and statement concerning the purpose of administration. It is used in analysing when the appointment takes effect and when all required documents must have been filed (see paras [27], [98]-[100]).

Symm & Company Ltd, Re V

[2020] EWHC 317 (Ch) · 5 February 2020

Applies the requirement that a person appointing an administrator under paragraph 22 must file a notice of appointment and prescribed documents. The filing requirement was not satisfied at the time of the out-of-hours electronic transmission (see paras [7]-[9]).

3 more judgments, and what each says about Schedule B1, paragraph 29, are in the case-law panel in the full Act.