Insolvency Act 1986 Sch.B1 para.84

84(1)If the administrator of a company thinks that the company has no property which might permit a distribution to its creditors, he shall send a notice to that effect to the registrar of companies.

^F1374(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1374(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The court may on the application of the administrator of a company disapply sub-paragraph (1) in respect of the company.

(3)On receipt of a notice under sub-paragraph (1) ^F1375... the registrar shall register it ^F1375....

(4)On the registration of a notice in respect of a company under sub-paragraph (1) the appointment of an administrator of the company shall cease to have effect.

(5)If an administrator sends a notice under sub-paragraph (1) he shall as soon as is reasonably practicable—

(a)file a copy of the notice with the court, and

(b)send a copy of the notice to each creditor [^F1376 , other than an opted-out creditor,^F1376] of whose claim and address he is aware.

(6)At the end of the period of three months beginning with the date of registration of a notice in respect of a company under sub-paragraph (1) the company is deemed to be dissolved ^F1377....

^F1378(6A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1378(6B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)On an application in respect of a company by the administrator or another interested person the court may—

(a)extend the period specified in sub-paragraph (6) ^F1379...,

(b)suspend that period, or

(c)disapply sub-paragraph (6) ^F1380....

(8)Where an order is made under sub-paragraph (7) in respect of a company the administrator shall as soon as is reasonably practicable notify the registrar of companies.

(9)An administrator commits an offence if he fails without reasonable excuse to comply with sub-paragraph (5).

Definitions used in Schedule B1, paragraph 84 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 84 17

Wonop ApS v Simon Jagger & Ors

[2026] EWHC 362 (Ch) · 23 February 2026Interprets

The judgment applies the notice mechanism under paragraph 84(1), under which an administrator may notify the Registrar where the company has no property permitting a distribution to creditors. Registration of that notice engages the termination provision in paragraph 84(4). (see paras [17], [19]-[20], [37]-[43]) The provision is set out as part of the statutory scheme governing notices where an administration has no property available for distribution. The court’s operative construction concerns the effect of registration under paragraph 84(4). (see para [17]) The provision is identified as requiring the Registrar to register a notice received under paragraph 84(1). The judgment treats registration as the statutory event triggering termination under paragraph 84(4). (see paras [17], [37]-[43]) The court interprets paragraph 84(4) as a self-executing termination of the administrator’s office upon registration of the filed notice. The effect is unchanged by the prior appointment of replacement administrators or extension of the administration. (see paras [38]-[43])

Rajnesh Mittal & Anor v Edouard Berthier & Ors

[2024] EWHC 3122 (Ch) · 4 December 2024

The court accepted that notices under paragraph 84 were the proposed mechanism for ending the administrations and bringing about dissolution, but directed liquidation for one company because dissolution would remove creditors’ opportunity to investigate potential claims. (see paras [1]-[3]; [9]; [24]-[25])

In the Matter of Angelic Interiors Limited (in administration)

[2022] EWHC 2974 (Ch) · 29 November 2022Disapplies

The court considered whether the company had property which might permit a distribution to creditors. The obligation to give notice of dissolution was mandatory if no such property existed, subject to the court’s power under paragraph 84(2). (see paras [42]-[44]) The court recognised its discretion to disapply the otherwise mandatory obligation to give notice of dissolution. It declined dissolution at this stage because the continuing investigations were not irrational. (see paras [43], [51]-[52], [63])

Beaufort Asset Clearing Services Ltd, Re[2020] EWHC 3627 (Ch) · 16 December 2020
Fivestar Properties Ltd, Re[2015] EWHC 2782 (Ch) · 8 October 2015
Hellas Telecommunications (Luxembourg) II SCA, Re[2011] EWHC 3176 (Ch) · 30 November 2011
Needwood Managed Services Ltd , Re (Rev 1)[2007] EWHC 3519 (Ch) · 21 December 2007
Secretary of State for Trade and Industry v Arnold & Anor[2007] EWHC 1933 (Ch) · 10 August 2007
Lehman Brothers (PTG) Ltd (in administration), Re[2023] EWHC 3084 (Ch) · 16 November 2023
In the matter of Central Properties Holdings Limited (in administration)[2023] EWHC 829 (Ch) · 14 April 2023
Lehman Brothers Europe Ltd v Re Insolvency Act[2020] EWHC 1369 (Ch) · 29 May 2020
Bennett v Bosco Investments Ltd[2018] EWHC 2901 (Ch) · 15 August 2018
Pui -Kwan v Kam-Ho & Ors[2015] EWHC 621 (Ch) · 10 March 2015
Cartwright & Anor v The Registrar of Companies[2012] EWHC 359 (Ch) · 24 February 2012
Care Matters Partnership Ltd, Re[2011] EWHC 2543 (Ch) · 7 October 2011
HMRC v Portsmouth City Football Club Ltd & Ors[2010] EWHC 2013 (Ch) · 5 August 2010
Kaupthing Singer & Friedlander Ltd[2009] EWHC 2308 (Ch) · 2 October 2009

What each judgment says about Schedule B1, paragraph 84 is in the case-law panel in the full Act.

Amendments and notes

12 notes from legislation.gov.uk

Amendments

F1374Sch. B1 para. 84(1A)(1B) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 44(a)(i) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F1375Words in Sch. B1 para. 84(3) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 44(a)(ii) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F1376Words in Sch. B1 para. 84(5)(b) inserted (26.5.2015 for specified purposes, 6.4.2017 for E.W. in so far as not already in force, 6.4.2019 for S. in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 9 para. 10(33); S.I. 2015/1329, reg. 3(d); S.I. 2016/1020, reg. 4(e) (with reg. 5) (as amended by S.I. 2017/363, reg. 3); S.I. 2019/816, reg. 4(c) (with reg. 5)
F1377Words in Sch. B1 para. 84(6) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 44(a)(iii) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F1378Sch. B1 para. 84(6A)(6B) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 44(a)(iv) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F1379Words in Sch. B1 para. 84(7)(a) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 44(a)(v) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F1380Words in Sch. B1 para. 84(7)(c) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 44(a)(v) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1458Sch. B1 paras. 83-91 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)
C1459Sch. B1 paras. 83-91 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), 27-32 (with reg. 64)
C1461Sch. B1 para. 84 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 (as amended (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 5(6)(a))
C1462Sch. B1 para. 84 applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), regs. 2, 37, Sch. 2 paras. 4-6 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 11)
C1463Sch. B1 para. 84(5) modified (E.W.) (31.1.2019) by The Further Education Bodies (Insolvency) Regulations 2019 (S.I. 2019/138), regs. 1(1), 32 (with regs. 1(2), 3(a)(ii))