Business records in receivership.

This page is general information, not legal advice. Every case depends on its own facts and documents.

Kinds of receiver

• Administrative receiver. Appointed under a floating charge over the whole, or substantially the whole, of a company’s property. For floating charges created on or after 15 September 2003 this is generally no longer possible, apart from some exceptions, so it’s now rare.
• Fixed charge or Law of Property Act receiver. Appointed over particular assets, often property.

What it means for records

• A receiver deals only with the assets covered by their appointment. Whether digital records fall within it depends on the charge and the appointment documents.
• Records outside the receiver’s appointment stay with the company, its directors or any liquidator.
• Data protection, confidentiality and client restrictions still apply.

How a sale is approved

The receiver can only deal with what their appointment covers. We confirm in writing that the records are within it before going further.

Early steps for office-holders

1. List the systems: email, file shares, servers, cloud and project software, and who pays for each.
2. Keep paid-for services and admin access alive while you decide, where that’s proportionate.
3. Note what is personal data, client material or held under contract.
4. Check whether any charge or third-party rights cover the records.
5. 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: Insolvency practitioner’s handbook, types of insolvency
• HM Land Registry practice guide 36: administration and receivership (England and Wales)

Back to insolvency guides. Questions about a case? Email [email protected].