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26 Jan 2012
THE GOVERNMENT has about-turned on proposed radical changes to pre-pack administrations, claiming it does not see the benefit of making legislative changes to them.
In a ministerial statement today insolvency minister Ed Davey said the "Government is not convinced" any changes to pre-packs would outweigh the benefits it currently provides.
Further reading
Previously Davey caused uproar in the insolvency community when he announced several possible changes to the process including, delaying its rapid turnaround by three days.
However, the minister said today the government will not be seeking to introduce new legislative controls on pre-packs at this time.
A pre-pack entails the whole or part of a sale arranged prior to a business entering an insolvency process and sold immediately on appointment of administrators.
It was suggested by government that any pre-pack sale to connected party, such as former directors, owners or managers, would need three days consultation before a sale could go ahead.
This three day delay in the angered many practitioners who claimed it neutered the process, while the British Property Federation argued three days was not enough time for creditors to consider their options.
The regulator of the profession, the Insolvency Service, will review existing pre-pack legislation to see how more confidence and transparency could be injected into the process.
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Common Sense
The three day window was pretty pointless as it would not give creditors enough time to do anything constructive but time to cause mischief. It will be interesting to see what the insolvency service comes up with in order to improve the public's trust in the process. Does SIP 16 go far enough?
Posted by: KSA Group, 27 Jan 2012 | 09:48