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Insolvency – Court of Appeal JudgmentCourt of Appeal Judgment re Globespan Airways Limited: John Bruce Cartwright and Ian Oakley-Smith (the Joint Liquidators) v. The Registrar of Companies [2012] EWCA Civ 1159 Filings under Paragraph 83(4) Schedule B1 of the Insolvency Act 1986: Moving from administration to creditors voluntary liquidation We have also previously published a notice about the judgment given by the High Court in this matter. On 24 August 2012, the Court of Appeal found that conversion from administration into creditors’ voluntary liquidation takes effect when the Registrar registers the relevant Form 2.34B (Notice of move from administration to creditors’ voluntary liquidation) and not before. This means that the registration date showing on Companies House search products will continue to be the date on which a Form 2.34B was actually registered and not the date on which it was received. It will follow that the liquidation commencement date will also show on Companies House search products as being that date. The Court of Appeal also considered what would, in general, be the position for an administrator’s term of office which would otherwise expire after filing the Form 2.34B but before the form were registered. The Court of Appeal held that, by filing a conversion notice, an administrator’s term of office is extended from the date on which the term of office would otherwise expire by effluxion of time until registration of the Form 2.34B. This means that the administrator’s appointment end date will show on Companies House search products as the date of registration of the Form 2.34B. Any queries relating to this can be directed to: | |
