Thursday, July 07, 2011

Administration to CVL, filing Form 600 - an update

Regular readers of the Blog may have noticed our article about filing Form 600, notice of appointment in ADM/CVL conversions (April 17). That article points out the position as we see it in law, but one of the DTI’s monitors has pointed out that Dear IP and the regulatory monitors have a different view. They say that where Form 2.34B has been filed the Registrar of Companies has confirmed that the form closes the administration and starts the CVL on the date that the form is registered, so they do not require you to file Form 600. We are also aware that Form 600s are being returned by Companies House in such circumstances.

You may understand our somewhat cautious approach to anything that departs from the legislation after the response we received to similar questions about drafting errors in the rules, most notably the requirement to file a chairman’s report in adjournments in non-court route IVAs (30 April 2010). Accordingly, while acknowledging the common sense approach being taken by the regulators and Companies House, we leave you to choose whether there is also some merit in filing Form 600, just to be safe.