Insolvency is one of the havocs that around ten thousand businesses in Australia face every year on average and many of them crash without even knowing about the solutions. There are many businesses that face trade loss, poor cash flow, irresponsible shareholder decisions and insensible strategic management. These issues have a long-term effect on the business and these are the warning signs of insolvency that every company director, business owners and shareholders should be concerned about at the initial stages to prevent further business loss.
To tackle this situation, there are several legally binding debt solutions to keep you protected from the creditors while paying off a significant or the entire debt.
Insolvency And Its Solutions
Insolvency means an individual or entity (company) can no longer pay its debts in the due time. Insolvency can be personal or corporate. Different types of laws, rules and regulations are applied to each of insolvency and their solutions are also entirely different. So, it is recommended to take professional help at the earliest when you notice the signs of insolvency so that the most effective outcome is guaranteed before the business goes bankrupt.
Full Voluntary Administration
Commonly known as VA, the voluntary administration is a solution that the individual or company director can adopt when the business is in financial crisis and/or close to being insolvent. Here, one external administrator is appointed to restructure and save your business. Any secured creditor who has security interest over majority of the company’s assets can also appoint an external administrator.
An arrangement is made with creditors to maximize the return to the creditors. DOCA (Deed Of Company Arrangement) is often made between the creditors and the company.
Creditors’ Voluntary Liquidation
Commonly known as CVL, the voluntary liquidation of creditors is chosen by the board of members when they determine that the company is facing insolvency and will not be able to satisfy the debts. When the business liabilities are not being met, the company members then decide what action must be taken in order to prevent insolvent trading by maximizing the return to the creditors. In CVL creditors get better return than liquidation.
Here the role of administrator is to sell the shares and assets of the company and distribute them to shareholders and creditors before liquidating the company. Over a tentative period, the creditors are paid fully or partially –for partial payment, creditors update the balance of the debt. During this period, the debts will be frozen so that no creditor can take action against the company.
The secured creditors adopt this solution when the company has unresolved debts to pay under the secured loan. During insolvency, if the secured, as well as, unsecured creditors start pressurizing the company owners to pay the debts, receivership is caused. Here, a Receiver is appointed by the creditors to inspect the company assets and then distribute funds accordingly. An administrator or liquidator is also appointed for preventing any ongoing loss and inability to improve trading.
Earlier known as Official Liquidation, this is caused when a creditor/s files an application to the court to wind up the company as it fails to pay off the debt. A creditor can opt for this option if all other avenues for obtaining payment is exhausted. The company can be wound up or liquidated due to insolvency when it has no way left to pay the outstanding debts. Here, a liquidator is appointed by the court for realizing the company assets and determining the reasons why the company is unable to pay.
On investigating the reasons of failure, the liquidator pays out the funds to the creditors on priority. The Australian Securities and Investments Commission (ASIC) will then deregister the company.
Insolvency can also occur in the light of changing market standards, ascension of new competing companies, products or significant management and structural changes. It involves systematic analysis of business’ performance and management structure to identify the areas of improvement. It is vital to do this at an early stage so as to avoid risk and potential business loss.
The solutions for each insolvent situation vary and there are certain qualification criteria. Often, the solutions are only applicable if the debts are greater than the asset value of yours. Once the insolvent issues are properly taken care of, the company owners can take further help in keeping afloat.