67The administrator of a company shall on his appointment take custody or control of all the property to which he thinks the company is entitled.
Definitions used in Schedule B1, paragraph 67 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 67 9
Simon Carvill-Biggs v Ashley Valentine Reading
The administrator’s duty to take custody or control of property to which the company is entitled did not extend to mortgaged property subject to receivers appointed before administration. (see paras [57]-[58])
Dearing v Skelton & Ors
Confirms that administrators take custody or control of all the company’s property, supporting the conclusion that the administration concerns the company as a whole. (see paras [24], [26])
Gillan v HEC Enterprises Ltd & Ors
Requires an administrator to take custody or control of property to which the administrator thinks the company is entitled. The provision did not make the administrator trustee of property held by the company for others. (see paras [28], [30])
- Edwards & Anor v Business Environment Ltd & Ors
- MK Airlines Ltd, Re
- Harms Offshore Aht "Taurus" GmbH & Co. Kg & Anor v Bloom & Ors
- In the matter of Aartee Steel Group Limited
- Koon v Ltd v Bowes & Ors
- SCI Games Ltd. v Argonaut Games Plc & Ors
What each judgment says about Schedule B1, paragraph 67 is in the case-law panel in the full Act.
Amendments and notes
4 notes from legislation.gov.uk
Modifications
- C1408Sch. B1 paras. 59-68 modified (5.7.2018) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 5 Pts. 1, 2; S.I. 2018/805, reg. 3(b)
- C1410Sch. B1 paras. 59-75 applied (with modifications) (E.W.) (15.3.2024) by The Water Industry (Special Administration) Regulations 2024 (S.I. 2024/205), regs. 2(2), 5(1), 19-25 (with reg. 64)
- C1432Sch. B1 para. 67 applied (with modifications) (17.2.2009 for certain purposes, otherwise 21.2.2009) by Banking Act 2009 (c. 1), ss. 145, 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. para. 3
- C1433Sch. B1 para. 67 applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), regs. 2, 37 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 11)