When a company proposes to enter voluntary administration after a winding-up application has been filed, the court may make orders under s 447A(1) modifying s 439C to exclude paragraph (c), coupled with undertakings, to preserve the relation-back day as the date of filing of the winding-up application. The Creevey requirement for persuasive evidence of a larger or accelerated dividend is not a universal precondition for adjournment under s 440A(2); the evidentiary burden is a sliding scale that increases over time. Orders under s 447A that seek to backdate the deemed commencement of administration are beyond power as they are properly characterised as orders about provisions outside Part 5.3A.
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