Voluntary Administration
Where the objective is to find the best possible outcome
The VA process involves the appointment of an administrator usually by the directors of the entity.
This is usually an alternative to liquidation and involves an independent administrator taking control of the company’s business operations.
There is a first meeting of creditors within 10 business days.
With the assistance of the administrator, the director (or another party) can propose a Deed of Company Arrangement as an alternative to liquidation.
The DOCA is very flexible and can provide for:-
Continuation of the company’s business by the director or the administrator;
The DOCA is considered at the second meeting of creditors at which creditors can also resolve that the company be wound up (i.e. place in liquidation).
Insolvency is a highly specialised area of accounting and, practically, is close to a hybrid profession between commercial law and management consulting. The truth is that there is very little “number crunching” in insolvency work and lots of investigative research and asset recovery work.
Our client was a secured creditor to a solar panel retailer and installer operating in 3 States. Whilst our client had a nominee Director sitting on the Board of the Company, the information available was late, inaccurate and focussed on the wrong metrics.