How directors can avoid making invalid out of court administration appointments after Minmar

Resource type: Practice note

Status: Law stated as at 14-Nov-2011

Jurisdictions: England, Wales

A practice note discussing the risks for directors of making invalid out of court administration appointments, following the decision of the High Court in Minmar (929) Ltd v Khalastchi and another [2011] EWHC 1159 (Ch).

Please note: this practice note was written and published before the High Court gave judgment in National Westminster Bank plc v Msaada Group (a firm) and others [2011] EWHC 3423 (Ch) and Re Virtualpurple Professional Services Ltd [2011] EWHC 3487 (Ch). For more information about those decisions, see Legal update, Conflicting decisions on directors' out of court administration appointments (High Court). For a maintained resource about the appointment of administrators, see Practice note, How do I place a company into administration?.

Adam Deacock, 11 Stone Buildings

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Resource information

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Resource ID: 5-510-0596
Law stated date: 14-Nov-2011
Products: PLC UK Finance, PLC UK Restructuring and Insolvency

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Topics

AdministrationAdministration (http://uk.practicallaw.com/9-103-1256)
Directors and Employees: Restructuring and InsolvencyDirectors and Employees: Restructuring and Insolvency (http://uk.practicallaw.com/7-103-1257)

Practice note: overview

A guide to forms in insolvency proceedings A guide to forms in insolvency proceedings (http://uk.practicallaw.com/topic0-504-7752)
Administration Administration (http://uk.practicallaw.com/topic3-107-3975)
Overview of company insolvency procedures Overview of company insolvency procedures (http://uk.practicallaw.com/topic0-201-8404)

Practice note

How do I place a company into administration? How do I place a company into administration? (http://uk.practicallaw.com/topic6-422-5210)

Standard document

Board minutes approving the out of court appointment of administrators to a company by its directors Board minutes approving the out of court appointment of administrators to a company by its directors (http://uk.practicallaw.com/topic2-422-5274)

Legal update: case report

Administration order backdated (High Court) Administration order backdated (High Court) (http://uk.practicallaw.com/topic2-506-5561)
Administrator's appointment not invalidated by lack of notice to company (High Court) Administrator's appointment not invalidated by lack of notice to company (High Court) (http://uk.practicallaw.com/topic5-516-8831)
Application for retrospective administration order refused (High Court) Application for retrospective administration order refused (High Court) (http://uk.practicallaw.com/topic2-509-1522)
Directors must have authority to appoint administrators and give notice of their intention to the company (High Court) Directors must have authority to appoint administrators and give notice of their intention to the company (High Court) (http://uk.practicallaw.com/topic6-506-0910)
Failure to notify company did not make directors' out of court administration appointment invalid (High Court) Failure to notify company did not make directors' out of court administration appointment invalid (High Court) (http://uk.practicallaw.com/topic4-517-0716)
Out-of-court administration: big risks for overseas entities Out-of-court administration: big risks for overseas entities (http://uk.practicallaw.com/topic7-502-1070)

External resources

2.10B - Notice of appointment of an administrator by company or director(s) (where a notice of intention to appoint has not been issued) 2.10B - Notice of appointment of an administrator by company or director(s) (where a notice of intention to appoint has not been issued) (http://uk.practicallaw.com/topic8-502-3907)
2.8B - Notice of intention to appoint an administrator by company or director(s) 2.8B - Notice of intention to appoint an administrator by company or director(s) (http://uk.practicallaw.com/topic2-502-3905)
2.9B - Notice of appointment of an administrator by company or director(s) (where a notice of intention to appoint has been issued) 2.9B - Notice of appointment of an administrator by company or director(s) (where a notice of intention to appoint has been issued) (http://uk.practicallaw.com/topic0-502-3906)
Minmar (929) Ltd v Khalastchi and another [2011] EWHC 1159 (Ch) (8 April 2011) Minmar (929) Ltd v Khalastchi and another [2011] EWHC 1159 (Ch) (8 April 2011) (http://uk.practicallaw.com/topic1-506-1568)

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