ACCA LW · Chapter 11 · Question 9 of 10
Who may appoint an administrator out of court, without first obtaining a court order?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: C) The holder of a qualifying floating charge, or the company or its directors
Explanation
Under Schedule B1 to the Insolvency Act 1986, an administrator may be appointed by the court on an application, or out of court by the holder of a qualifying floating charge or by the company or its directors. An unsecured creditor may apply to the court for an administration order but cannot appoint out of court. Shareholders and auditors have no power of appointment.
More Insolvency and administration MCQs
- Q1Which of the following types of winding up requires the directors to make a statutory declaration of solvency?
- Q2Under s122 Insolvency Act 1986, which of the following is a ground on which the court may order a company to be wound up?
- Q3In Ebrahimi v Westbourne Galleries, a company was formed on the basis of mutual trust between members who all expected to participate in…
- Q4In a compulsory winding up, which of the following is paid FIRST out of the proceeds of assets subject to a fixed charge?
- Q5Arrange the following claims in the order in which they would be paid from assets subject to a floating charge in a company's liquidation…
