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24/7 Helpline 100% of Calls Answered by Qualified Expert – not a call centre. A Deed of Company Arrangement or DOCA is a proposal that is put to creditors by the directors of a company in Voluntary Administration (VA) that binds all creditors. Ask our experts if a DOCA is the right solution for yourself or for your client. Bankruptcy Lawyer Parramatta. Debts may be compromised, repayments may be delayed or even paid in installments. In the case of a secured creditor, the option of appointing a voluntary administrator provides an alternative means to receivership of enforcing its security. At GTS Advisory, we aim to develop and implement cost effective DOCA solutions for our clients, to maximize the return to their creditors. 31 Furthermore, if the company was insolvent, with the result that the shareholders have no economic or commercial interest in the shares, they may be transferred without consideration. If your company cannot dock in a safe harbour, in a voluntary administration, the administrators may consider a 'holding DOCA' to buy more time to develop proposals for restructuring or resuscitating the company.

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Rather, administrators must vote having regard to their own assessment of the best interests of creditors. It amounts to a DOCA which effectively places the company in a holding pattern and buys the administrators more time to investigate the affairs of the company and develop further plans for restructuring. Consider this: One of your clients is a major creditor for a company in administration, and has now asked you to represent him/her at the second creditors meeting next week. A deed of company arrangement (DOCA) is a binding arrangement between a company and its creditors governing how the company's affairs will be dealt with following a Voluntary Administration (VA).

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A DOCA may accommodate different proposals, but to be successful it always needs to provide for a greater return to creditors than if the business is wound up. Administrators often utilise "holding" deeds of company arrangement to extend the period of moratorium and "buy" time to investigate potential restructuring opportunities for the future of the company. A Deed of Company Arrangement, often called a DOCA, is essentially the 'deal' that is proposed to a company's creditors in a Voluntary Administration (VA). This is unless the court has allowed for a longer time. Call +61 7 3129 3316 to arrange a consultation. Put simply, a DOCA is a deal between the company and its creditors whereby creditors will receive all or a proportion of their debts over a period of time.

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In order for the DOCA to be approved, the meeting must pass a resolution and there needs to be a majority in number and also value i. e. at least 51%. In this context, liquidators only have the power to continue to conduct the business of a company for so long as is necessary either for its beneficial disposal or its winding up. A DOCA allows for the full and final settlement of the debts, even if the debts are not paid in full. The DOCA must ensure employee entitlements are paid in priority to other unsecured creditors unless eligible employees have agreed to vary their priority. Insolvent trading is a serious offence which carries civil penalties and personal liabilities. What is the position of the company's creditors during the voluntary administration? How Does a DOCA End? A DOCA is binding on all creditors, whether or not they vote for it. Provide a better outcome for the creditors than would be available in an immediate winding-up of the company. The company is released from a debt only insofar that the DOCA provides for the release and the creditor is bound by the DOCA.

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A creditor may proceed to enforce a guarantee provided by a director. What is voluntary administration? Indeed, ASIC's Regulatory Guide 82 describes the use of holding DOCAs by administrators. In that latter circumstance, the counterparty will only have a claim in damages unless the contract can be specifically enforced or there is some other equitable remedy. 9 In the ordinary course it would not be expected that the administrator would sell the business or the company's assets other than as part of its usual trading activity. Following this, the company can continue as a solvent company and moves on from the administration.

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The personal liability of administrators includes liability on account of borrowings made in the course of the administration as well as interest on those borrowings. Unsecured creditors include: - Suppliers of goods and services. A DOCA provides additional time to help a company get back on its feet. There are often legal issues arising around voting and some challenges, which non-approving or excluded creditors could advance. The deed may also provide the power to wind up the company if this is ultimately in the creditors' interest. Related parties are entitled to vote under a DOCA, but not in a small business restructure. Insolvency Lawyer Campbelltown. If you are a creditor, before you decide how to vote, make sure you understand how the deed will affect the priority of payment of your debt or claim. Has potential to provide larger return for creditors. David is a registered Liquidator and Bankruptcy Trustee, he is qualified to accept a range of insolvency appointments. Extensive DOCA experience, fast assessment.

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To find out more about what we can offer, visit our areas of law pages or contact our insolvency solicitors for a consultation. The powers of a DoCA administrator, for the most part, will be stipulated by the deed. The DOCA may contain enforcement provisions or the deed administrator may have access to guarantees given in support of the DOCA. A holding DOCA is voted on at the second meeting of creditors and effectively agrees a holding pattern. Deed of Company Arrangement. Control of the company usually reverts to the directors, but the DOCA will provide the deed administrator whatever powers are necessary to fulfill the terms of the DOCA. Liability of voluntary administrators.

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Voluntary administration provides directors with the possibility of saving the company's business without making transfers of assets to the prejudice of creditors. As with a normal DOCA, creditors must pass a resolution agreeing to the holding DOCA. Insolvency Lawyer Baulkham Hills. However, it is important to note that there is no particular type of DOCA under the Act called a "holding" DOCA. During the period of the Voluntary Administration the Administrator, rather than the director(s), has control of the company's assets and operations. Commonly, DOCAs will promise say: 10 cents in the dollar to all creditors, or a director will personally promise to contribute $100, 000 and that is to be divided amongst the creditors. That liability is limited to the period commencing 5 business days after the administration began and during which, in the course of the administration, the company continues to use the property. In some cases the solution may be to sell off peripheral businesses and reconstruct the company's core business. The role of the Deed Administrator will be set out in the DOCA itself but essentially, the role is to ensure the commitments made by the Company to the creditors are fulfilled.

It may also include the sale of assets owned by the company or the payment of part of the profits generated from continued trading or via third party funding. If you're unsure where to start, get in touch with us today on 1800 534 534 and we'll help you through the Voluntary Administration Process. How Creditor Claims are Treated. There are generally three options available at the second meeting of creditors: - Return the company to the control of the directors, ending the voluntary administration. The court has been prepared to excuse administrators from that liability where, prior to incurring the debt, the prospective creditor was informed that the administrator would not have personal liability for the debt and that it would have to rely on the assets of the company for the recovery of its claim, albeit that claim would enjoy the priority of the other costs and expenses of the administration.

Who monitors the DOCA. So far as directors of the company are concerned, the voluntary administrator may remove them from office and appoint other people, either instead of the existing directors or in addition to them. A DOCA binds all unsecured creditors to the agreement with the company – even those that have voted against the proposal. Not a Call Centre Salesperson! In case of a tie (ie, a majority of creditors in number but not value, or vice versa, vote in favour of a resolution) the Voluntary Administrator may cast the deciding vote. If creditors agree to the proposal, all creditors are bound to the outcome, whether they voted in favour of it or not. The Court unanimously held that the Mesa DOCA was designed to at least provide the opportunity for a better return for creditors than would result from an immediate winding up.

In addition, the directors, officers, members and the deed administrators are also bound by the terms of the deed.

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