This follows on from the last Article about exiting from Administration to CVL. The rules specifically require a copy of the exit notice from Administration to be filed in Court, but only in some exit routes do the rules specifically require a copy of the final progress report to be filed in Court, for example when exiting via dissolution or on automatic cessation at the end of the duration of the Administration. When exiting via CVL rule 2.117A(1) does not specifically state that a copy of the final progress report should be sent to Court, but it does require the administrator to send a copy of the final progress report “to all those who received notice of the administrator’s appointment”.
Bill and I had a disagreement over whether or not the wording used meant that a copy had to be sent to the Court and so sought the views of the Insolvency Service. In their opinion that phrase does not include the Court, such that a copy of the final progress report need not be sent to Court when exiting via CVL, which is somewhat bizarre. Whilst that is only their interpretation of the rule, I do not think that you would be criticised by a regulator for taking such an approach, unless or until the matter is considered by a Court which interprets the rule otherwise. So who does it extend to? It will always include the company itself since you have to them notice on your appointment, but otherwise it will depend on the circumstances of the case, and so may include a former supervisor under a CVA, a receiver or an administrative receiver. Remember to include your agents and others that you have notified in the course of the appointment, even though there was no statutory requirement to do so.
