Pre-Pack Administration

Pre-pack administration is an insolvency procedure where a company arranges to sell all or some of its assets to a buyer before appointing an administrator to facilitate the sale

Who Should Consider A Pre-Pack?

If the business is failing but has the potential to succeed without some of its creditor and contractual obligations – it can start over in many respects and be transferred to a new company. The new company can be owned by directors of the old company or other third parties.

Is It Ethical?

Yes. The proceeds from the sale of assets are distributed to creditors, just the same as if an unrelated third-party purchased the assets during liquidation, except the third-party can be one or more directors of the insolvent company.

How Does Pre-Pack Differ From Normal Administration?

In a pre-pack the sale of assets is pre-negotiated before an administrator is appointed, whereas in a regular administration the administrator starts marketing the business after being appointed.

Pre-Pack Benefits

• Continuity of business
  A business may change ownership with minimal disruption to its operation; this can maintain goodwill and customer confidence.
• Old company released from contracts
  Some contracts of the old business may not be needed by the new company, such as property and equipment leases. These contracts can legally be terminated.
• Usually cheaper than administration
  This may result in a better return for creditors.
• Buy-back as a going concern possible
  Directors or third parties have the opportunity to buy back the business, creating a new more streamlined company from the old one.
• Greater control
  Ensures you know the cost and outcome before the company formally enters administration.
• Creditor protection
  Provides the same immediate protection from creditors as normal administration.

When can a company consider a pre-pack?

All the below must be true

• The business must be insolvent and have no viable prospect of recovery as it currently stands.f recovery as it currently stands.
• The insolvency practitioner and company directors must be able to show that no other solutions would be more beneficial to creditors.
• The purchaser must be able to pay fair market value for the assets out of their own personal funds, whether it be a current director or an unrelated third party.