Pre Pack Administration
The term Pre Pack Administration describes the process where an insolvent company that has gone into administration immediately sells its assets to a third party, before beginning formal insolvency proceedings. The principle of Pre Pack Administrations is to allow the company to realise as much value from the sale of its assets, while at the same time reduce its debt, so it emerges from the process as a much more viable business.
To enable a company to get into a position where it can continue trading, Pre Pack Administrations are sometimes used to help the current management buy the assets of the business, in order to set up a new company that is financially stronger. Pre Pack Administration can also be used to get the best price for a company’s assets before the publicity of formal insolvency proceedings has a negative impact on their value.
The main benefit to companies of a Pre Pack Administration is that they are able to continue trading, while having obtained the best possible value for their assets to clear the outstanding debts that meant their business was no longer solvent. In the majority of cases, the employees of the company will keep their job, and carry on working for what is effectively the same business, all be it under different management.
Many creditors are unhappy about the use of Pre Pack Administrations because they have very little involvement in making sure they get the best possible settlement from any deal. The fact that the creditors will be the ones to lose money, as the company simply wipes out its debts and carries on trading under different management, means Pre Pack Administrations are not popular with everyone. Whatever sale is agreed during the Pre Pack Administration will decide what creditors receive, and they simply have to accept this.
However, many Pre Pack Administrations are arranged with the knowledge and assistance of Insolvency Practitioners, and are actually designed to get as much value for the creditors as possible, while also ensuring the continuity of the business. If the company simply went through the formal insolvency process, a number of factors could mean the creditors would actually be worse off.
With more an more businesses getting into trouble, Pre Pack Administrations have become more widely used, even though they have always been available as a means for dealing with insolvency. Make sure you seek professional advice is you are considering a Pre Pack Administration as a way to help your business out of financial trouble.
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