Insolvency Act 1986, Schedule B1, paragraph 31

SCHEDULE B1 ADMINISTRATION

31The appointment of an administrator under paragraph 22 takes effect when the requirements of paragraph 29 are satisfied.

Definitions used in Schedule B1, paragraph 31 1

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

Cases considering Schedule B1, paragraph 31 10

Strategic Advantage SPC v Rutter & Ors (Rev 1)

[2020] EWHC 3171 (Ch) · 14 October 2020Interprets

The court gives effect to paragraph 31 consistently with the conclusion that the notice breach was curable. The appointment remained valid despite the procedural irregularity (see paras [40(c), (d)], [48]-[54]).

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

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

Paragraph 31 provides that an appointment under paragraph 22 takes effect when paragraph 29’s requirements are satisfied. It supports the conclusion that regulator consent must be lodged by the relevant filing stage (see paras [27], [57], [94], [100]).

Symm & Company Ltd, Re V

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

Applies the rule that an appointment under paragraph 22 takes effect when the statutory requirements are satisfied. The appointment therefore took effect when the filing was cured at court opening (see paras [7], [40]-[41]).

What each judgment says about Schedule B1, paragraph 31 is in the case-law panel in the full Act.