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A
Private Investor is a recipient of the information who meets all of the conditions set out below, the recipient: 1. Obtains access to the information in a personal capacity; 2. Is not required to be regulated or supervised by a body concerned with the regulation or supervision of investment or financial services; 3. Is not currently registered or qualified as a professional securities trader or investment adviser with any national or state exchange, regulatory authority, professional association or recognised professional body; 4. Does not currently act in any capacity as an investment adviser, whether or not they have at some time been qualified to do so;
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Pre-packaged administration sales (where a sale of key assets is agreed prior to the appointment of administrators and then implemented by the administrators immediately following their appointment), have been a widely-used and highly successful tool to rescue businesses, or parts of businesses, that may otherwise have languished in administration interminably. However, some criticism has been levied against pre-pack sales on the grounds that they provide a possible opportunity for unscrupulous business owners to buy back assets and create so-called phoenix companies , to the detriment of creditors. In response to recent media coverage and criticism of pre-packaged administration sales along these lines, new legislation has been introduced with a view to increasing transparency and creditor confidence by imposing conditions on pre-packs to persons connected to the insolvent company.