Entering administration is a formal insolvency process where a company that cannot pay its debts places itself under the control of licensed administrators. The overarching goal is to protect the business, explore options to rescue or maximize value for creditors, and legally pause creditor actions while a plan is developed. Key ideas and implications
- Trigger and control: Administration can be initiated by company directors, a lender, or a court. An administrator takes charge of the company to assess options and act in the best interests of creditors as a whole. This shift in control is meant to create space for restructuring or sale rather than a rushed liquidation.
- Moratorium (breathing space): Once administration begins, a formal moratorium often applies. This pause on most creditor enforcement actions helps prevent a cascade of immediate insolvency actions and buys time to formulate a rescue plan.
- Objectives: The primary aims are (1) to rescue the company as a going concern if possible, (2) achieve a better result for creditors than immediate liquidation, or (3) realise value by selling the business or its assets, potentially preserving parts of the operation or jobs.
- Outcomes: If rescue is not feasible, an administrator may wind down the company in an orderly fashion or facilitate a sale of assets or the business to maximize returns for creditors. In some cases, a pre-pack sale can occur, where a sale is arranged before administration is finalized to preserve value.
- Directors and employees: Directors generally remain involved to varying degrees during administration, though day-to-day control rests with the administrator. Employees are often affected by changes in employment terms or restructuring, while certain protections and consultation obligations apply under insolvency rules.
Common contexts and misconceptions
- Not necessarily the end: Going into administration does not automatically mean closure; it can be a strategic step to save parts of the business or obtain a better outcome for creditors than immediate liquidation.
- Distinct from liquidation: Administration focuses on rescue and value preservation, while liquidation aims to wind up the company’s affairs and distribute assets to creditors.
- Pre-pack administrations: A widely used method in which a sale is arranged, or a substantial part of the business is preserved, often before formalities are complete. This can preserve jobs and value but is sometimes controversial and subject to scrutiny.
Practical considerations for stakeholders
- Directors: Should seek independent professional advice if their company faces insolvency risk, as administration has legal implications and duties to creditors.
- Creditors: Administration can provide a structured process to recover value, but outcomes depend on the assets available and the viability of a rescue plan.
- Employees: May be affected by changes to contracts, roles, or redundancies, but rights and protections under insolvency law apply.
If you’re evaluating a specific situation (e.g., a company you’re involved with), clarifying factors like the company’s financial state, potential for restructuring, and whether a rescue plan is viable would help tailor guidance.
