Our Speciality
Pre-Packaged Business Rescue
A restructuring process where the restructuring plan is negotiated with key creditors before the formal business rescue filing, enabling faster implementation and greater certainty of outcome.
How It Works
Pre-Packaged Business Rescue is a restructuring process where the restructuring plan is negotiated with key creditors before the formal business rescue filing.
This approach allows companies to address financial distress proactively while maintaining confidentiality and operational continuity during the critical negotiation phase.
Negotiation
The restructuring plan is negotiated with key creditors before formal business rescue filing.
Filing & Voting
Once the plan is agreed, the company files for business rescue and creditors vote on the restructuring plan.
Implementation
The pre-agreed plan is implemented rapidly, minimising operational disruption.
Key Benefits
Why Choose Pre-Pack Rescue?
Reduced Timeline
Pre-negotiation significantly shortens the formal rescue process, typically completing in weeks rather than months.
Value Preservation
Confidential preparation protects enterprise value, customer relationships, and supplier confidence.
Greater Certainty
Pre-agreed terms provide certainty of outcome for all stakeholders before public filing.
Legal Framework
Director Obligations Under the Companies Act
Under Section 128 of the Companies Act, a company is financially distressed when it is reasonably foreseeable that it will be unable to pay its debts within six months.
Directors must either file for business rescue, commence liquidation, or explain to stakeholders why neither step is taken.
Proactive Compliance
Pre-pack rescue allows directors to address distress proactively while fulfilling statutory obligations. By negotiating restructuring terms in advance, directors can demonstrate responsible stewardship while maximising stakeholder outcomes.
- Addresses financial distress before crisis
- Fulfils statutory director obligations
- Preserves value through early intervention
Is Pre-Pack Rescue Right for Your Situation?
Our team can assess your circumstances and advise on the most appropriate restructuring approach. All initial consultations are confidential.