Sunday, April 17, 2011

Administration to CVL – part 1 – timing of notice and final progress report

For cases commenced on or after 6 April 2010 I would remind you that the “new” rules introduced a two-stage process for conversion from Administration to CVL.

First, give notice of the move from Administration to CVL to the Registrar of Companies, the Court and the creditors. This is still done on Form 2.34B, which is downloadable from either the Registrar of Companies web-site.

Secondly, as soon as reasonably practicable after the notice of move has been registered by the Registrar of Companies, i.e. the Administration has come to an end and the liquidation commenced, the former Administrator must send a final progress report to the Registrar of Companies and to all those who received notice of the Administrator’s appointment, e.g. creditors, the company. The final progress report must cover the whole of the period of the Administration up to the date it has come to an end.

Since the report is issued in your capacity as former Administrator and relates to the Administration not the liquidation then it follows that you cannot charge any time costs incurred after the Administration has needed in preparing the final progress report in either the Administration or in the liquidation. In order to minimise your time cost write offs you should start preparing the final progress report as soon as you have sent the notice of move from Administration to CVL to the Registrar of Companies, if not before.