SERVICES
Corporate Insolvency Services
ABOUT THE SERVICE
Are you facing Corporate Insolvency?
High Insolvent Trading Risk
If your company is facing a high risk of insolvent trading, it means that the company is unable to pay its debts as and when they fall due, and continuing to trade can lead to personal liability for directors.
Pressure from Stakeholders
If your company is facing pressure from stakeholders, such as creditors or shareholders, due to financial difficulties, we can assist with strategies to alleviate this pressure.
Experiencing Financial Distress
If your company is experiencing financial distress, such as cash flow problems, inability to pay debts or meet financial obligations, then we can offer professional guidance and advice.
OUR APPROACH TO CORPORATE INSOLVENCY
At dVT Group, we offer comprehensive guidance and advice to help struggling businesses get back on track and potentially avoid or minimise damage from Corporate Insolvency. Here are four ways we can help:
Voluntary Administration
Where there is a prospect of all or part of the business resolving its debts and trading on, this process allows Director/s, secured creditor/s, or a Provisional Liquidator to appoint an independent insolvency practitioner to assume control of the business during an investigation period of usually 28 days. At the end of that time, the Administrator makes a recommendation about the future of the business to its creditors, the majority of whom must agree with the recommendation in order for it to be effected. The options include selling the business as a going concern; realising the assets and winding up the company; or implementing a Deed of Company Arrangement which would allow the company to be returned to the control of its Director’s under terms agreed by the creditors.
Creditors Voluntary Liquidation
If a meeting of creditors in a Voluntary Administration votes to wind up the company, the Administrator becomes the Liquidator, and the process is called Creditors Voluntary Liquidation. This generally occurs when a proposed Deed of Company Arrangement has failed to meet with creditor acceptance. Alternatively, Directors/shareholders who no longer wish to continue trading may appoint a Liquidator directly, without going through the Voluntary Administration process.
Members Voluntary Liquidation
This is a quick and streamlined process to realise the assets of a solvent company, once its shareholders have decided to dissolve it. Once appointed by shareholders, the Liquidator distributes the assets. Tax benefits may apply to distributions made under this arrangement.
Official Liquidation
Otherwise described as a court liquidation, a restricted list of senior insolvency practitioners are approved as Officers of the Supreme Court, and registered by ASIC as Official Liquidators. They may be appointed by the Court to manage a liquidation according to the requirements of the Corporations Act, as a result of an unsecured creditor applying to have a defaulting debtor company wound up. The Official Liquidator takes control of the company’s assets and realises them so as to provide the best possible return to creditors. The Official Liquidator must also fully investigate the financial affairs of the entity and its Director/s to determine if grounds exist for legal recovery action.
Deed of Company Arrangement
A ratification by creditors of a proposal made by company Director/s during a voluntary administration, the Deed is a legally binding document between the Administrator, the creditors and the Director/s. For the agreed period, the Administrator must continue to monitor the fulfilment of the Deed’s conditions. This process is used when the outcome gives a greater return to creditors than would have been achieved through a liquidation.
Receiver and Manager
The historical distinction between a Receiver and Manager, and an appointment as Receiver only, was that the former held powers to trade on the company as a going concern in order to maximise realisations to the secured creditor. In practice, unless the debenture specifically declines the capacity, the term Receiver now generally also empowers the management of the company’s business activities.
THE DVT DIFFERENCE
Why Choose Us for assistance with Corporate Insolvency Matters?
Expertise and Experience
Our team of corporate insolvency specialists have decades of experience helping businesses in a wide range of industries navigate the complexities of insolvency. We have the knowledge and expertise to help you identify the right solutions for your unique situation.
Tailored Solutions
We understand that every business is different, which is why we offer tailored solutions designed to meet your specific needs. Whether you need help with debt restructuring, asset sales, or another aspect of corporate insolvency, we'll work with you to find the right solution.
Collaborative Approach
We believe that the best results come from working closely with our clients. That's why we take a collaborative approach to corporate insolvency, working with you every step of the way to ensure you understand your options and make informed decisions.
TESTIMONIALS
We commit ourselves to giving our clients the best chance of success.
Ways We Help
Comprehensive Financial Solutions for Your Business
Strategic solutions to help underperforming businesses return to profitability and long-term success.
Expert assistance to help businesses navigate financial difficulties, including voluntary administration and liquidation.
Personalised support for individuals experiencing financial distress, including debt agreements and bankruptcy.
Professional advice and services for creditors, directors, and companies involved in receiverships and related matters.