Formal Insolvency Procedure

Pre-Pack Administration UK Strategic Business Rescue

Expert pre-packaged administration services that protect viable businesses, preserve jobs, and deliver optimal outcomes for stakeholders. Navigate complex insolvency with confidence and professional guidance.

Business Continuity

Preserve operations & jobs

Job Protection

Safeguard employee futures

Legal Compliance

Fully regulated process

Asset Protection

Maximize recovery value

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What is Pre-Pack Administration?

A pre-packaged administration (pre-pack) is a formal insolvency procedure where the sale of a company's business or assets is arranged before an administrator is appointed, with the sale completing immediately or shortly after appointment.

The Pre-Pack Process Explained

Understanding how pre-packaged administrations work

In a pre-pack administration, negotiations with potential buyers take place confidentially before the formal appointment of administrators. Once appointed, the administrators immediately complete the pre-arranged sale, allowing the business to continue trading without interruption.

This process is often referred to as a "phoenix company" transaction when the existing directors purchase the business, enabling them to continue operating under a new legal entity while leaving the old company's debts in administration.

Key Characteristics

  • Sale arranged before administrator appointed
  • Business continues trading without interruption
  • Jobs and contracts typically preserved
  • Customer relationships maintained
  • Regulated by Insolvency Practitioners Association

When is Pre-Pack Used?

Time-Critical Situations

When immediate action needed to prevent business collapse or asset deterioration

Viable Business Core

When the underlying business is sound but burdened with unsustainable debt

Job Preservation

When protecting employment is a key objective alongside creditor returns

Contract Continuity

When maintaining customer and supplier relationships is essential

Maximum Value Recovery

When a going concern sale will achieve better returns than liquidation

Important Legal Notice

Pre-pack administrations must comply with Statement of Insolvency Practice 16 (SIP 16) and be conducted by licensed insolvency practitioners. Connected party sales require additional scrutiny and disclosure.

Is Pre-Pack Administration Right for Your Business?

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Benefits of Pre-Pack Administration

Pre-packaged administrations offer significant advantages over traditional liquidation when executed properly

Job Preservation

Protects employee livelihoods by maintaining business continuity. Jobs transfer to the new entity under TUPE regulations, ensuring minimal disruption to staff.

85% average job retention rate

Business Continuity

Enables the business to continue trading without interruption. Customers and suppliers experience minimal disruption, preserving valuable commercial relationships.

Zero trading interruption

Better Creditor Returns

Going concern sales typically generate significantly higher returns than asset break-up. Creditors often receive more through pre-packs than traditional liquidation.

40-60% higher recovery rates

Speed & Efficiency

Pre-arranged sales complete immediately upon administrator appointment. Avoids lengthy marketing periods and protects business value from deterioration.

Same-day completion possible

Asset Protection

Prevents value erosion from fire sales or forced liquidation. Goodwill, intellectual property, and customer relationships maintain their worth.

Maximum asset value preserved

Stakeholder Benefits

Suppliers can continue relationships with solvent new entity. Customers receive uninterrupted service. Community retains employment and economic activity.

Win-win for all parties

Pre-Pack vs Traditional Liquidation

Factor Pre-Pack Administration Traditional Liquidation
Business Continuity Continues trading Business ceases
Job Preservation 85%+ jobs saved All jobs lost
Creditor Returns 40-60% higher Fire sale prices
Timeline Immediate completion 3-12 months
Customer Impact Minimal disruption Relationships lost

The Pre-Pack Administration Process

A step-by-step guide to how pre-packaged administrations work from initial assessment to completion

1

Initial Assessment & Planning

We conduct a comprehensive review of your company's financial position, viability, and restructuring options. This includes analyzing cash flow, asset values, creditor positions, and potential for business rescue.

  • Financial analysis and viability assessment
  • Creditor position mapping
  • Business valuation and options analysis
  • Pre-pack suitability determination

Timeline

1-3 days

Rapid assessment to determine if pre-pack is the right solution and identify potential purchasers.

2

Confidential Negotiations

Potential purchasers (often the existing directors or management team) are identified and negotiations conducted under strict confidentiality. Sale terms, asset valuation, and employment transfers are agreed.

  • Identify and approach potential buyers
  • Negotiate sale terms and purchase price
  • Due diligence by purchaser
  • Draft sale and purchase agreement

Timeline

1-2 weeks

Confidential discussions to structure the deal and maximize value while preserving business operations.

3

Administrator Appointment

Licensed insolvency practitioners are formally appointed as administrators by the company directors or by court order. The company enters administration, providing immediate protection from creditor action.

  • Appointment of licensed IP as administrator
  • Moratorium on creditor actions begins
  • Notice filed at Companies House
  • Creditors notified of appointment

Timeline

Same day

Formal appointment provides immediate legal protection and enables the pre-arranged sale to complete.

4

Immediate Sale Completion

The pre-arranged sale completes immediately or within hours of administrator appointment. Business assets, contracts, and employees transfer to the purchasing entity seamlessly without trading interruption.

  • Sale and purchase agreement executed
  • Assets transferred to new entity
  • Employees transfer under TUPE
  • Business continues uninterrupted

Timeline

Same day

Swift completion ensures zero trading interruption and maximum value preservation.

5

Post-Sale Administration

Administrators handle the old company's affairs, distribute proceeds to creditors according to statutory priority, prepare detailed reports for creditors and regulatory authorities, and provide post-sale support.

  • Sale proceeds distributed to creditors
  • SIP 16 compliance report prepared
  • Creditors' reports and meetings
  • Administration concluded

Timeline

8-12 weeks

Proper administration of the old company and full compliance with insolvency regulations.

Ready to Explore Pre-Pack Administration?

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Phoenix Companies & Connected Party Sales

Understanding when directors can purchase their own business and the enhanced regulatory requirements

What is a Phoenix Company?

Legal rebirth of your business

A "phoenix company" refers to a business that rises from the ashes of an insolvent predecessor. In pre-pack administration, this typically involves directors purchasing their own company's assets and continuing operations under a new legal entity.

Legal Framework

Phoenix transactions are perfectly legal when conducted properly. However, they face enhanced scrutiny to ensure they're not being used to unfairly advantage directors at the expense of creditors.

  • Must comply with Statement of Insolvency Practice 16 (SIP 16)
  • Independent valuation required for connected party sales
  • Enhanced disclosure and reporting obligations

Legitimate Phoenix Transactions

  • Directors pay fair market value for assets
  • Independent evidence supports valuation
  • Creditors receive better returns than alternative
  • Full transparency and proper disclosure
  • Jobs and business operations preserved

SIP 16 Compliance Requirements

Statement of Insolvency Practice 16 sets out best practice for pre-packaged sales, with enhanced requirements for connected party transactions:

Pre-Appointment Marketing

Evidence that the business was marketed to independent third parties, or compelling reasons why this wasn't done

Independent Valuation

Assets valued by independent expert to ensure fair market price paid by connected party

Enhanced Disclosure

Detailed disclosure to creditors explaining rationale, alternatives considered, and why pre-pack was optimal

Connected Party Review

Opinion from independent evaluator confirming reasonableness of sale to connected party

Illegal Phoenix Warning

Not all phoenix transactions are legitimate. Illegal phoenixing involves deliberate misuse of the corporate structure to avoid debts:

Asset Stripping

Transferring assets at undervalue before insolvency

Prohibited Names

Using similar company names without court permission (s216 IA86)

Director Fraud

Deliberately trading while insolvent to creditors' detriment

We ensure full compliance with all regulations to protect directors from personal liability

Frequently Asked Questions

Common questions about pre-pack administration answered by our licensed insolvency practitioners

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