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Business records in administration.
In administration, an insolvency practitioner manages the company’s affairs, business and property.
This page is general information, not legal advice. Every case depends on its own facts and documents.
Who acts
An administrator must be a licensed insolvency practitioner. They can be appointed by the court, by the holder of a qualifying floating charge, or by the company or its directors. While the company is in administration, the administrator manages its business and property, and the directors can’t exercise management powers without the administrator’s consent.
What it means for records
- A sale or licence of records during administration is normally a decision for the administrator, in line with the purpose of the administration.
- The business may still be trading, or be sold. Records sold with the business may then belong to the buyer.
- Data protection, confidentiality and client restrictions still apply.
- Administration often ends in a sale, a liquidation or dissolution. Records not dealt with may move with the next step. See liquidation.
How a sale is approved
The administrator decides, within their powers and proposals. Sales to people connected with the company in the first eight weeks have extra requirements, such as creditor approval or an independent evaluator’s report. We don’t treat any sale as approved until the administrator confirms it in writing.
Early steps for office-holders
- List the systems: email, file shares, servers, cloud and project software, and who pays for each.
- Keep paid-for services and admin access alive while you decide, where that’s proportionate.
- Note what is personal data, client material or held under contract.
- Check whether any charge or third-party rights cover the records.
- Decide whether records have any value before anything is wiped or devices are sold.
This is a practical prompt list, not a statutory checklist or a timetable.
Official sources
- GOV.UK: Put your company into administration
- HM Land Registry practice guide 36: administration and receivership (England and Wales)
- GOV.UK: Find an insolvency practitioner
Back to insolvency guides. Questions about a case? Email [email protected].