Pre-Pack Reform // Restructuring & Insolvency
Episode 1 of the The Linklaters Podcast podcast, hosted by Linklaters, titled "Pre-Pack Reform // Restructuring & Insolvency" was published on May 20, 2021 and runs 17 minutes.
May 20, 2021 ·17m · The Linklaters Podcast
Summary
Episode 1: R&I Soundbites As from 30 April, recent legislative reforms mean that an administrator must not make a substantial disposal to connected persons within the first 8 weeks of an administration, unless either the company’s creditors have approved the transaction or, more likely, the buyer has obtained a qualifying report from an evaluator. While not aimed solely at pre-packs, it’s clear that concerns around their transparency in particular were the driving force behind these changes. The mood music around pre-packs is clear and the insolvency industry as a whole will need to get behind these changes to make them work and ensure that a valuable business rescue tool remains part of the toolkit. In this podcast, we consider the scope of the new rules and also give some thought as to what potential impact the reforms might have in practice for the drafting of sale agreements, particularly around the protections afforded to administrators.
Episode Description
As from 30 April, recent legislative reforms mean that an administrator must not make a substantial disposal to connected persons within the first 8 weeks of an administration, unless either the company’s creditors have approved the transaction or, more likely, the buyer has obtained a qualifying report from an evaluator. While not aimed solely at pre-packs, it’s clear that concerns around their transparency in particular were the driving force behind these changes. The mood music around pre-packs is clear and the insolvency industry as a whole will need to get behind these changes to make them work and ensure that a valuable business rescue tool remains part of the toolkit.
In this podcast, we consider the scope of the new rules and also give some thought as to what potential impact the reforms might have in practice for the drafting of sale agreements, particularly around the protections afforded to administrators.
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