A Pre-Pack Administration is an insolvency process where, with the assistance of an Insolvency Practitioner, the sale of the company’s business and assets is negotiated before the formal appointment of an Administrator.
The Administrator is appointed over the Company and shortly thereafter proceeds to complete the sale.
In a Pre-Pack Administration, the Administrator’s role is to legally facilitate the “pre-arranged” sale. This differs from a more conventional Administration process whereby the Administrator takes control of the business and markets it for sale to potential buyers.
Who will use a Pre-Pack Administration?
Pre-pack Administrations are often used to ‘sell’ a business to existing company directors that want to operate through a new company (or ‘newco’). This often happens when an otherwise viable company is facing serious financial problems and/or creditor threats.
A Pre-Pack Administration allows for the sale of the business as a “going concern” to newco without impacting on the continuity of the business.
It also preserves the value of the assets, including goodwill and book debts, which are normally more difficult to realise in a more conventional Administration process.
A ‘newco’ will need to prove that it has adequate funding in order to buy the company at a fair price. This type of insolvency can be complicated and costly and is therefore only worth pursuing if the business is fundamentally viable.
A Pre-pack Administration can’t be used when a winding-up petition has already been issued against a company.
How does Pre-Pack Administration work?
A Pre-Pack Administration must be carried out by a licensed insolvency practitioner. If your company is insolvent or you are facing mounting creditor pressure, you should speak to an Insolvency Practitioner as soon as possible and they will advise you on the best course of action.
Below is a summary of a typical Pre-Pack Administration process:
1. Initial consultation – Arrange a consultation with an insolvency practitioner like Umbrella Insolvency. After a confidential discussion, they will assess your options and make a recommendation as to your best course of action which may be a Pre-Pack Administration.
2. Asset valuation – Your Insolvency Practitioner, with the assistance of agents, will determine the value of the company’s assets. The existing company will be put up for sale and the Insolvency Practitioner must listen to all genuine offers.
3. Sale agreed – A sale of the Company’s business and assets is agreed in principle and legal contracts are drawn up.
4. Administration – The Insolvency Practitioner is officially appointed as Administrator and the company enters Administration. Shortly thereafter, the company’s business and assets are sold by the Administrator to the new owners on the pre-arranged terms.
5. Creditors – Once the business and assets are sold, the Administrator will communicate with creditors and explain why the pre-pack administration was undertaken. At this point, the Administrator is obliged to disclose certain information to creditors.
What about creditors?
With Pre-Pack Administrations, creditors rarely recover all the money they are owed. If directors have not personally guaranteed debts, they can walk away without meeting their liabilities.
This type of insolvency can be controversial and ‘newcos’ will sometimes experience issues with key creditors, suppliers and customers. A commercial landlord, for example, may refuse to lease premises to a ‘newco’ if the directors owe money from a previous venture.
In many cases, however, Pre-Packaged Administrations are only used by companies that are not in a position to repay debts. In these circumstances, a Pre-Pack Administration and Liquidation can be the most beneficial outcome for creditors.
How should I start a pre-pack administration?
Pre-pack Administrations have the potential to be highly complicated and costly. In many cases, another insolvency solution will be more appropriate.
Any company director that is seriously considering a Pre-Pack Administration should seek professional advice from an experienced Insolvency Practitioner. Umbrella Insolvency’s team of advisers and practitioner can give you the greatest chance of success with a Pre-Pack Administration. Speak to a member of our team for more information. Call: 0800 611 8888.
Thank you so much for your help with my IVA. As an ex-company Director my life took a downward spiral when creditors from my liquidated company called upon my personal guarantees. I had been treading water for months, ran up credit card debts and borrowed from family. When a creditor instigated bankruptcy proceedings against me I thought I was going to lose my house. I contacted Umbrella.UK Insolvency who stopped all the phone calls and threatening letters. Umbrella Insolvency explained things in a way I could understand. They negotiated with creditors and my IVA went through, now I can sleep at night again and I kept my home. Thomas Fox was extremely knowledgeable and I truly thank him and his team.
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I'd just like to thank both you and Tom for your help with the closure of my company. You have been highly efficient and very professional throughout. Thank you.
Umbrella Insolvency guided me as sole Director of my small limited company, and the shareholders, through every step of a Members Voluntary Liquidation in a very efficient manner. The steps required were clearly laid out and proactively managed by their licensed practitioner. From first meeting through to an interim distribution of funds to shareholders took only a few days in our case. Thereafter, Umbrella will be managing all of the downstream actions required to complete the process with HMRC and Companies House, through to the final discharge of the company.
First of all, I would like to say a BIG Thank You for all of your assistance over the past year. I would not be in the positive state of recovery without Umbrella Insolvency. Your care and assistance at the application stage last summer, along with the advice throughout the year, has been great. I would not hesitate to tell anyone in my negative situation where to turn to.
Following a personal recommendation, we appointed Umbrella.UK Insolvency to handle the voluntary liquidation of our business (MVL). Tom and his team were excellent, keeping us well informed throughout and working effectively with the company's accountants to ensure all documentation was produced and filed on time. I have since recommended Umbrella.UK to friends looking for similar services and I have no hesitation in recommending them more widely.
Before I came to Umbrella.UK Insolvency I was in a bad place mentally due to debt because I believed I would be in my current situation for a long time to come. Umbrella Insolvency walked me through my options and helped me pick the best one. I am genuinely amazed at what they managed to do for me and can now afford to live comfortably, and without the constant worry of debt looming over me.
*We don’t charge for an initial consultation, but it may lead to an insolvency solution where our pre-appointment costs are reimbursed as part of the fee structure that creditors approve.