Stricter scrutiny on administration sales to connected parties

Tighter controls on the sale of companies in administration to connected parties are designed to strengthen the rules over pre-pack sales. Nicola Collins and Fatema Begum, restructuring senior associates at Mayer Brown, examine the new rules effective 30 April

The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021 (Regulations) was approved by both houses of parliament on 24 March 2021 and will apply to any administration commencing from 30 April 2021. Under the Regulations, administrators cannot dispose of all or a substantial part of a company’s business or assets to a person connected with the company within the first eight weeks of the administration without either:

  • the approval of creditors; or
  • a qualifying report from an independent, third party Evaluator (positive or negative).

The Regulations seek to address the perceived inequity of pre-pack sales, but do they effectively address the concerns they were designed to alleviate?

Your free features:

  • Breaking news and expert analysis
  • Customisable daily newsletters
  • Six free CPD learning modules each year
  • Personalised CPD tracker
  • Top 75 Firms league tables
  • Regulatory changes
  • Hardman’s Tax Data

Sign up to Business & Accountancy Daily

Related Articles
Subscribe