overdue799

Voluntary Administration

Directors and/or shareholder have the ability to appoint an Administrator. This is called voluntary administration. The voluntary administration process gives a window of opportunity called a moratorium period where a plan known as a Deed of Company Arrangement is prepared and submitted to the stakeholders/creditors for approval.

If you have a viable company but have encountered a financial obstacle that may affect the future viability of the company (e.g. a substantial bad debt) then voluntary administration can be a useful mechanism to enable rehabilitation of the business.

Key Points of Voluntary Administration Include:

  • The company can appoint an administrator.
  • An administrator can be appointed after a receiver has been appointed.
  • It will be an abuse of the voluntary administration procedure if the directors have put the company into administration other than for the purpose of:
  • (a) Maintaining all or part of the company’s business; or
  • (b) Improving the position of the company’s creditors.
  • During the administration there is a moratorium on legal actions and protection from creditors.
  • A watershed meeting must be held.
  • A liquidator can still be appointed by the courts or the creditors at the watershed meeting.
  • Norrie & Daughters can help you with voluntary administration.

Compromises with Creditors

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Voluntary Administration

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Liquidation

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Receivership

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Informal Process

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