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When a company is facing tremendous financial hardship, and is not able to pay back its debts, they should look for a way out. Pre pack administration is one approach to the problem which allows a new company to buy out the assets of an outgoing company, while assuming its trade name. In doing so, the creditors will be paid a portion of the money owed with all the capital raised through the buyout. When deciding if pre pack administration is right for your company, the advantages and disadvantages should be weighed with your financial team and accountant.
An upside of pre pack administration is the creation of a new company which is not overburdened with extreme debt. The new business will also gain the benefit of a ready-made consumer base for its products or services. The melding of these two benefits can often create a very favorable start for the new company.
The next advantage is the increased financial benefit to all concerned, by the pre pack administration. The employees of the company will typically retain their positions and not face any backlash from the change in management. Additionally, the creditors will be able to recoup a larger percentage of their investment when pre pack administration is undertaken, instead of a bankruptcy proceeding.
A negative aspect of pre pack administration is the large capital investment required of the incoming business. Accordingly, this must be paid up front, as money will go toward existing assets and a payout for creditors. Understandably, it can difficult to raise this sort of money when attempting to take over a business which has previously failed.
The second disadvantage is the potential fallout the original company directors face. The directors can be subject to investigation into their business practices regarding the trade. Additionally, they may be responsible for personally paying damages if any of their guarantees have not been fulfilled.
Pre pack administration can be a tool for a business to avoid complete collapse while also benefiting those involved. In doing so, a new company will buy out the old company’s assets to pay a portion of the debt, while assuming assets. This can result in a new vibrant company with experienced employees, while also paying a larger portion to creditors than bankruptcy will allow. However, there is typically a large investment required, and potential liability for the outgoing directors.
Now Try : CVA Or Pre Pack Administration
