Pension issues on a pre-pack
Produced in partnership with Wyn Derbyshire of gunnercooke LLP
Practice notesPension issues on a pre-pack
Produced in partnership with Wyn Derbyshire of gunnercooke LLP
Practice notesThis Practice Note examines the issues that can arise when the sponsoring employer(s) of a pension scheme is the subject of a ‘pre-packaged administration’ (also known as a pre-pack administration or simply a ‘pre-pack’).
Pre-packs are sales of the insolvent company’s business and/or assets that are negotiated and agreed in advance of a company entering administration. The sale completes immediately following the administrator’s appointment or shortly thereafter.
What is an administration?
An administration is an insolvency process designed to encourage, if possible, the rescue of financially distressed companies (or at least their businesses) and to avoid the necessity of liquidation if at all possible.
Originally introduced in 1986, administrators (a type of insolvency practitioner) have powers to oversee administrations. The scope of administration was widened in 2003 to further promote the ‘rescue culture’. Changes included the introduction of an automatic moratorium preventing the enforcement of security and certain other action by creditors without the administrator’s consent or leave of the court.
From a pensions perspective, an important point to note is that the appointment
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.