Insolvency Solutions 10 min read Published: January 2025

Pre-Pack Administration: A Strategic Exit Route for Distressed UK Businesses

Discover how pre-packaged administration offers a lifeline for struggling companies, enabling business rescue while preserving jobs, customer relationships, and enterprise value.

TS

Tenable Business Support Team

Licensed Insolvency Practitioners & Business Recovery Specialists

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What Is Pre-Pack Administration?

Pre-pack administration (often called a "phoenix transaction" or "pre-packaged CVA") is a formal insolvency procedure where a company's assets are sold immediately upon entering administration - often to the existing directors or a connected party. The sale is negotiated and agreed before the administrator is appointed, allowing for rapid business rescue and continuity.

Unlike traditional administration where assets are marketed over weeks or months, a pre-pack enables an almost immediate transfer of the viable business elements to a new entity. This speed preserves customer confidence, employee morale, and business value that would otherwise be lost through prolonged uncertainty.

Critical Insight

Pre-pack administration allows companies to emerge from insolvency within hours rather than months, protecting jobs and maintaining trading relationships that would be destroyed by a lengthy liquidation process.

When Should You Consider Pre-Pack Administration?

Viable Core Business

Your business model works but is burdened by historic debts, onerous contracts, or unsustainable liabilities.

Preserve Employment

Jobs can be saved by transferring employees to the new entity, avoiding the mass redundancies of traditional liquidation.

Time-Critical Situation

Speed is essential - delayed action would result in loss of key customers, contracts, or market position.

Creditor Pressure

HMRC, landlords, or other creditors are threatening winding-up petitions that would destroy the business.

The Pre-Pack Process: Step-by-Step

1

Initial Consultation

Meet with a licensed insolvency practitioner to assess viability, explore alternatives, and determine if pre-pack is appropriate.

2

Valuation & Marketing

Independent valuation of assets. The business must be marketed to test the market and demonstrate best value, satisfying SIP 16 requirements.

3

Negotiate Sale Terms

Agree purchase price and terms with the prospective buyer (often existing directors or management). Documentation prepared for immediate completion.

4

Administration & Sale

Administrator appointed, immediately completes the pre-negotiated sale. Business transfers to new company - usually same day or within 24 hours.

5

New Company Continues

Newco operates debt-free with transferred assets, employees, and contracts. Old company wound up by administrator with distributions to creditors.

Typical Timeline

From initial consultation to completion: 2-4 weeks. The actual administration and sale typically occur within 24-48 hours once preparations are complete.

Advantages & Considerations of Pre-Pack Administration

Key Advantages

Speed & Continuity

Business continuity maintained with minimal disruption. Customers and suppliers often unaware of the restructuring.

Jobs Protected

Employees transfer to the new entity under TUPE regulations, preserving employment and expertise.

Better Returns for Creditors

Trading businesses typically achieve higher values than distressed forced sales, maximizing creditor recoveries.

Clean Break from Debt

New company starts without historic liabilities, onerous leases, or unprofitable contracts.

Director Protection

Properly executed pre-packs protect directors from accusations of wrongful or fraudulent trading.

Important Considerations

SIP 16 Compliance Required

Statement of Insolvency Practice 16 mandates transparency, independent valuations, and evidence of proper marketing.

Scrutiny on Connected Party Sales

Sales to directors or connected parties face enhanced scrutiny to ensure creditors receive fair value.

Funding Required

The purchaser must have funds available for the acquisition price plus working capital for the new business.

Not Suitable for All Situations

If the core business isn't viable or there are no interested purchasers, alternative procedures may be more appropriate.

Critical Warning

Pre-pack administration must be arranged before insolvency becomes unavoidable. Directors who delay until creditors take action may find they've lost the opportunity for this strategic option.

Acting early provides more options and better outcomes for all stakeholders.

Is Pre-Pack Administration Right for Your Business?

Our licensed insolvency practitioners can assess your situation confidentially and explore all available options including pre-pack administration, CVAs, and alternative restructuring solutions.

  • Free, confidential initial consultation
  • Same-day response for urgent situations
  • IPA licensed & regulated professionals

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