Expert Guidance:

• Our support is issued from the greatest of Legal minds all having significant knowledge, experience, and expertise in the areas of voluntary administration and deeds of company arrangement.
• Our experts have a deep understanding of the legal frameworks, procedural requirements, potential outcomes, and strategic considerations involved in these processes.
• Our guidance would likely involve:
  • Assessment: Analysing the company's financial situation and determining if voluntary administration or a deed of company arrangement is a suitable option.  
  • Strategic Advice: Providing insights into the potential benefits and drawbacks of each process in the specific context of the business.
  • Procedural Navigation: Explaining the steps involved, timelines, and legal obligations at each stage.
  • Stakeholder Management: Assisting in communication and negotiation with creditors, employees, and other relevant parties.
  • Legal Compliance: Ensuring adherence to all relevant legislation and regulations.

Voluntary Administration:

• Voluntary administration is a formal insolvency procedure in Australia (and similar processes exist in other jurisdictions) where an independent and qualified insolvency practitioner (the administrator) is appointed by the company's directors to take control of the company's affairs.  
• The primary objectives of voluntary administration are to investigate the company's financial affairs, report to creditors, and recommend whether the company should:
  • Enter into a Deed of Company Arrangement (DOCA).  
  • Go into liquidation.
  • Be returned to the directors' control (less common).  
• The process typically involves a period of moratorium on creditor actions, allowing the administrator time to assess the situation and formulate a plan.  
• Our expert guidance here would involve helping directors understand their duties and powers during this period, assisting with the appointment of a suitable administrator, and navigating the various meetings and reports required.

Deed of Company Arrangement (DOCA) Processes:

• A Deed of Company Arrangement (DOCA) is a legally binding agreement between a company and its creditors that sets out how the company's affairs will be dealt with. It is often proposed by the administrator as a way for the company to trade out of its difficulties and avoid liquidation.  
• A DOCA can involve various arrangements, such as:
  • A compromise of debts (creditors agree to accept less than the full amount owed).  
  • A rescheduling of payments.
  • A restructuring of the company's operations.  
  • The sale of certain assets.
• Our Expert guidance in DOCA processes would encompass:
  • Assisting in the development and negotiation of a viable DOCA proposal.  
  • Ensuring the DOCA is legally sound and meets the requirements of the relevant legislation.
  • Explaining the implications of the DOCA to all stakeholders.
  • Overseeing the implementation of the DOCA once it is approved by creditors.  

We excel in providing professional support for companies navigating the complexities of voluntary administration and the subsequent potential for a Deed of Company Arrangement.

Our guidance aims to provide clarity, strategic direction, and ensure compliance throughout these challenging processes, ultimately seeking the best possible outcome for your company and its stakeholders.