Can the company or directors use the "out of court" route into administration if a winding up petition has been filed?
Who can appoint administrators after a winding up petition is issued?
The restriction does not apply to a qualifying floating charge holder (QFCH) who has the ability to enforce its security by the appointment of an administrator after a winding up petition has been issued but before the winding up order has been granted. If your company has been served with a winding up petition, it is therefore vital to ensure that any QFCH is informed immediately if an attempt is to be made to rescue the business from winding up.
For administration order advice, please contact our administration order team at FWJ on 020 7841 0390.