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A pre-pack is the process of selling the assets of a company immediately after it has entered administration. It is most likely that the previous directors or management purchase the assets of the company from the administrator and set up a new company.
Pre-packing Case Study
The law allows the directors whereby they can buy back the assets of an insolvent company from the liquidator. Some times it is much wiser not to invest further into a company that is drowning and may be insolvent with debts that may not be repayable. A more common & sensible solution to this problem is to set up a new company and buy the assets of the old company.
The new company is then allowed to start trading using the assets it has acquired from the liquidators and continue business as usual with what ever staff it decided to keep on with the new company. The company then has the benefit of continuing to trade without any of its former debts to burden it. The creditors under this method (pre-pack) end up with a much better return than if it were just liquidated. It also gives the creditors an opportunity to trade with the new company with view of making good some of the losses by continuing to trade or the new company can seek alternative suppliers.
I will share a case study of a pre-pack so that you can understand how it works.
After having meetings with the directors they were sure if they did not have all the huge debts they would grow and prosper. After working with our turnaround consultants the directors decided that would agree to buy back the assets on a pre-pack then have the old company liquidated.
Once the new company was up and running without the debts they were able to get more new accounts and were able to bring in additional lines manufactured specially for them from
This process has advantages in that it enables the administrator to realise a greater amount for the assets due to business continuity and the goodwill of the company are preserved. The employees of the company are also transferred to the new company preserving jobs.
Pre-packs have attracted criticism because of the appearances it gives to unconnected parties that the company has just continued without its creditors. SIP 16 was introduced in January 2009 to assist Insolvency Practitioners in pre-pack cases. It was designed to make the process more transparent for creditors and to ensure that fair value was obtained for the assets.
If you find your self in a situation where you need confidenual and professional advice regarding your business situation. You may call our directors helpline on 0800 24 0800 for free and confidentual advice.