Disposition (Corporate Insolvency or Administration) - Example Deeds

General

A disposition is registrable in the Land Register by virtue of section 50(1) of the 2012 Act.

This page has example narrative clauses of dispositions which are granted by companies in receivership, administration or liquidation.

These are simply examples of what a registration officer might expect the language of such dispositions to be. They do not constitute a statutory style or format, and an application for registration of such a disposition does not require to be considered for rejection on the basis that it is not valid (in the sense that it is improperly drawn), as one of the conditions of registration applying to a registrable deed.

Registration officers concerned with the warrandice clause in such a disposition should consult Warrandice Clause in a Disposition for further guidance.

Useful links

Disposition - Example Deeds

Example disposition (sequestration)

Example disposition (heritable creditor in power of sale)

Warrandice clause in a disposition

Examples

Receivership

WE, MS MANITOBA Limited, a company incorporated under the Companies Acts and having its registered officer at Burgoyne Carey Building, 3 Smith Terrace, Glasgow, (Company Number SC208894), WHEREAS WE the said MS Manitoba Limited granted a floating charge in favour of Alba Building Society dated 31 January and registered in the Register of Charges on 6 February 2013 over our whole property and undertaking and that, by Instrument of Appointment by the said Alba Building Society dated 5 September 2013, I , MICHAEL ROSS, of XXYY Insolvency Practitioners, 33 Botway Court, Glasgow, was appointed Receiver of the property of the said MS Manitoba Limited which was then subject to the Floating Charge, which property included the subjects hereinafter disponed... and whereas we, the said MS Manitoba Limited acting by me, that said Michael Ross ...

Administration

We, RANKIN & LAUDER PROPERTIES No 7 Limited, incorporated under the Companies Acts (In Administration) (Registered Number SC03467599) having our registered office at 4th Floor Lectonfield House, Curzon Street, London, acting through our Joint Administrators, Andrew Campbell and Wacława Nowakowska, both of Delancy Jones LLP, 66 Boot Lane, Birmingham appointed by virtue of a Notice of Appointment by our then directors dated and lodged at the Court of Session on Eleventh January Two Thousand and Fourteen (as extended by the Companies Court Orders dated 2 December and 6 December 2014)...

(Note: Administrators can also be appointed by an order of the court as well as by a Notice of Appointment which is merely lodged in court.)

Liquidation

WE, JOHN MCMASTER DEVELOPERS LIMITED, incorporated under the Companies Acts (Company Number SC345267) and having our registered officer at 1B, 3 St Michael Road, Livingston, in Liquidation, conform to court order to wind up the said John McMaster Developers Limited and to appoint James Iain Smith as Interim Liquidator for such purpose of winding up which Court Order is dated Fourth October Two Thousand and Fifteen and is registered in the Register of Charges and Company File in respect of the John McMaster Developers Limited on Eleventh November Two Thousand and Fifteen in which liquidation said James Iain Smith, Insolvency Practitioner, of ELE Insolvency, 33 Botway Road, Glasgow is Liquidator conform to Notice of Appointment dated Fifteenth December 2015 and registered in the Register of Charges and Companies File in respect of the said John McMaster Developers Limited on Twenty-third December 2015....