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UK Insolvency Reform – Evaluating Pre-Pack Sales to a Connected Person | K&L Gates LLP

EXECUTIVE SUMMARY A Pre-Pack Sale is the sale of all or substantially all of an English company’s assets to a third-party purchaser immediately or shortly after the distressed company goes into a UK rescue procedure called administration. The attraction of a Pre-Pack Sale is the speed of the transaction, which helps preserve the value of the business and save jobs, as the company is able to carry on trading through the process. The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021 (Regulations) will apply to any administrations starting from and including 30 April 2021, and they require further due diligence and scrutiny where the Pre-Pack Sale is proposed to be made to a connected person.

UK Insolvency Reform Evaluating Pre-Pack Sales to a Connected Person

Tuesday, April 20, 2021 Executive Summary A Pre-Pack Sale is the sale of all or substantially all of an English company’s assets to a third-party purchaser immediately or shortly after the distressed company goes into a UK rescue procedure called administration. The attraction of a Pre-Pack Sale is the speed of the transaction, which helps preserve the value of the business and save jobs, as the company is able to carry on trading through the process. The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021 (Regulations) will apply to any administrations starting from and including 30 April 2021, and they require further due diligence and scrutiny where the Pre-Pack Sale is proposed to be made to a connected person.

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