23. Notice of appointment
Past version: effective from 14/06/2015 - 13/06/2015
To view other versions open the versions tab on the right
(1) A person who appoints an administrator of a Company under Section 21 (Power to appoint) shall file with the Court —
(a) a notice of appointment in the prescribed form; and
(b) the administrator's written statement in the prescribed form; and
(c) either —
(i) evidence that the person making the appointment has given such notice as may be required by Section 22(1)(a) (Restrictions on power to appoint); or
(ii) copies of the written consent of all those required to give consent in accordance with Section 22(1)(b) (Restrictions on power to appoint); and
(d) a statement of those matters provided for in Section 145(2) (Joint administrators), if applicable.
(2) The notice of appointment must include a declaration (in a form prescribed by the Board in rules made by the Board) by or on behalf of the person who makes the appointment —
(a) that the person is the holder of a qualifying charge in respect of the Company's property;
(b) that each charge relied on in making the appointment is (or was) enforceable on the date of the appointment; and
(c) that the appointment is in accordance with this Part 1 (Administration).
(3) The notice of appointment must identify the administrator of the Company and must be accompanied by a statement by the administrator of the Company —
(a) that he consents to the appointment;
(b) that in his opinion the purpose of administration is reasonably likely to be achieved; and
(c) giving such other information and opinions as may be prescribed.
(4) For the purpose of a statement under subsection (3) an administrator of the Company may rely on information supplied by Directors of the Company (unless he has reason to doubt its accuracy).
(5) A declaration under subsection (2) must be made not more than five (5) business days before the form is filed with the Court.
(6) A person commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if in a declaration under subsection (2) he makes a statement —
(a) which is false; and
(b) which he does not reasonably believe to be true.