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Corporate Insolvency Law$
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Rizwaan Jameel Mokal

Print publication date: 2005

Print ISBN-13: 9780199264872

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199264872.001.0001

Administration

Chapter:
(p. 225 ) 7 Administration
Source:
Corporate Insolvency Law
Author(s):

RIZWAAN JAMEEL MOKAL

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199264872.003.0007

Building on the understanding gained by the discussion in Chapter 6 of the socially harmful features of administrative receivership, this chapter discusses the administration procedure introduced by the Enterprise Act 2002. It explains how this procedure retains the only defensible feature of receivership, in that a selected creditor continues to be entrusted with the right unilaterally to displace the underperforming management of a distressed company. The chapter analyses the statutory hierarchy of objectives made available to the administrator and explains the standard to which he is expected to be held in choosing between them. Light is also thrown on the sort of factors that might justifiably be taken into account in making this choice. The relationship between the administrator's duties and the voting rights of creditors is examined. The chapter concludes with a discussion of the sort of factors that might precipitate challenges by aggrieved creditors and members to the administrator's decisions and actions.

Keywords:   concentrated creditor, motivation costs, statutory hierarchy, corporate rescue, business rescue, going concern surplus, priority independent security, creditor voting, synergetic value

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