Legal development

Voluntary Administration

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    Objective of voluntary administration

    The primary objective of a VA is to maximise the chances of a company (or as much as possible of its business), being able to continue to trade. If that is not possible, the secondary objective of a VA is to achieve a better return for the company's creditors than would likely be achieved if the company had been immediately wound up.1

    Voluntary administration procedures

    The VA procedure:

    • facilitates the appointment of an independent administrator (who has consented to act as such and is a registered liquidator) to take control of the company and its business2
    • provides for the administrator to run that business;3 and
    • requires the administrator to assess the three options available for the future conduct of the company's business; namely:
    • deed of company arrangement (DoCA);

    • liquidation;

    • return of control of the company to its directors; and

    and to recommend to the company's creditors which of these options is best suited to their interests.4

    The typical timeline for the conduct of a voluntary administration is as follows:

    The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
    Readers should take legal advice before applying it to specific issues or transactions.

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