CREDITORS’ VOLUNTARY LIQUIDATION

Creditors Voluntary Liquidation (CVL)

A strategic and transparent process initiated by company directors to efficiently wind up the affairs of a financially distressed company, ensuring a fair distribution of assets among creditors.

SMALL BUSINESS RESTRUCTURE

Creditors Voluntary Liquidation (CVL)

A strategic and transparent process initiated by company directors to efficiently wind up the affairs of a financially distressed company, ensuring a fair distribution of assets among creditors.

AVA ADVISORY

About your recovery partner.

Our proven solutions are meticulously crafted to guide businesses out of the depths of debt, providing a personalised roadmap to financial freedom.

creditors voluntary liquidation

Insights and expertise

Our team is made up of individuals who have held directorial position.

creditors voluntary liquidation

Strategic planning

AVA excels in conducting thorough financial assessments.

creditors voluntary liquidation

Transparent communication

AVA places a strong emphasis on transparent communication and stakeholder empowerment.

winding up application

CREDITORS’ VOLUNTARY LIQUIDATION EXPLAINED

What is creditors’ voluntary liquidation?

Creditors’ voluntary liquidation is an option when a business lacks a viable model. Appointing a liquidator minimises directors’ personal liability for insolvent trading and creditor-defeating dispositions. It ensures equitable treatment of creditors, alleviates stress for directors, and allows employees to claim unpaid entitlements through the Fair Entitlements Guarantee (FEG) scheme. The liquidator’s involvement mitigates risks associated with ATO debts and Director Penalty Notices.

THE PROCESS

Our restructure process.

Our restructure process is your pathway to a more resilient and prosperous future. Comprising of six strategic steps, we will collaborate closely with you to navigate the complexities of reorganisation.

STEP 1

Consultation

In the initial phase, we engage in a comprehensive consultation to understand your business intricacies and challenges.

STEP 2

Detailed Fact Finding

We conduct a thorough examination of your financials, gathering detailed facts to create our strategic approach.

STEP 3

3rd Party Engagements

Collaborating with external experts, including lawyers and valuators, ensures a well-informed strategy.

Step 4

Restructuring Completion

The restructuring phase involves implementing tailored strategies to address financial issues and enhance the overall health of your business.

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Step 1

Consultation

In the initial phase, we engage in a comprehensive consultation to understand your business intricacies and challenges.

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Step 2

Detailed fact finding

We conduct a thorough examination of your financials, gathering detailed facts to create our strategic approach.

042 team

Step 3

3rd party engagements

Collaborating with external experts, including lawyers and valuators, ensures a well-informed strategy.

038 presentation

Step 4

Restructuring completion

The restructuring phase involves implementing tailored strategies to address financial issues and enhance the overall health of your business.

044 support

Step 5

Liquidation appointment

When necessary, we guide you through the appointment of a liquidator, ensuring a smooth transition and adherence to legal procedures.

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Step 6

Post-CVL support

Our services extend to providing continuous support, helping you navigate challenges and opportunities for business recovery.

Step 5

Liquidation Appointment

When necessary, we guide you through the appointment of a liquidator, ensuring a smooth transition and adherence to legal procedures.

Step 6

Ongoing Support

Our services extend to providing continuous support, helping you navigate challenges and opportunities for business recovery.

REVIVING BUSINESSES, IGNITING GROWTH.

Maximise the chances of company survival.

Addressing the correct issues at the appropriate moment can determine whether a business thrives or fails. Our team is skilled in recognising the best course of action for each specific situation, assisting businesses across various industries and models in navigating challenging times and establishing feasible paths for future success.

CREDITORS VOLUNTARY LIQUIDATION

About Creditors Voluntary Liquidation.

Sometimes the only remaining option is to break a company down and re-distribute its assets. Not as intimidating as it sounds, it can be a relatively pain-free method of repaying creditors. When a business is in severe financial difficulty and it seems as though there is no chance of maintaining solvency (where the company’s assets exceed its liabilities), sometimes the only remaining option is to break the company down and re-distribute its assets. This process is known as liquidation.

Under a liquidation, the company ceases trade and operations, is deregistered and its assets are sold off to repay its creditors. Often, a liquidation is entered into involuntarily – the business owner holds off until the creditor takes them to court and the magistrate orders the liquidation – but a liquidation can be voluntary. Directors might apply to save themselves the time and expense that goes with a court case.

HOW DOES LIQUIDATION WORK? There are actually three different types of liquidation and the process is different for each type.

1. Members’ voluntary liquidation – This is for companies who wish to cease trading and do not want to sell the company. It is also known as ‘winding up’ a business and is not suitable for companies that are facing insolvency as the company must be able to pay its debts in entirety within 12 months of winding up the company. Once the majority of a company’s members have signed a solvency declaration, members are given a 21-day notice period. Following this notice period, a majority vote is taken to continue and the liquidation process can begin. This type of liquidation is suited to companies facing an uncertain future and wish to avoid financial trouble.

2. Creditors’ voluntary liquidation – This type of liquidation is used when members of a company decide that a company is, or will become, insolvent. It involves a similar process to members’ voluntary liquidation, where a special resolution of the members of the company is made and the 21 days’ notice period begins. Members will then vote and a majority agreement will see the appointment of a registered liquidator. This method of liquidation is for companies who are facing insolvency and wish to disband the company and its assets.

3. Court-appointed liquidation – This form of liquidation is for companies and assets that are deemed at risk from third parties or directors of a company it can be initiated by a creditor who is seeking payment. Although it sounds scary, it is actually a safe way to secure the company from further loss and financial damage whilst the situation is assessed. If the court decides that the company should be liquidated, the court will appoint a liquidator.

CREDITORS VOLUNTARY LIQUIDATION

About Creditors Voluntary Liquidation. 

Sometimes the only remaining option is to break a company down and re-distribute its assets. Not as intimidating as it sounds, it can be a relatively pain-free method of repaying creditors. When a business is in severe financial difficulty and it seems as though there is no chance of maintaining solvency (where the company’s assets exceed its liabilities), sometimes the only remaining option is to break the company down and re-distribute its assets. This process is known as liquidation.

Under a liquidation, the company ceases trade and operations, is deregistered and its assets are sold off to repay its creditors. Often, a liquidation is entered into involuntarily – the business owner holds off until the creditor takes them to court and the magistrate orders the liquidation – but a liquidation can be voluntary. Directors might apply to save themselves the time and expense that goes with a court case.

HOW DOES LIQUIDATION WORK? There are actually three different types of liquidation and the process is different for each type.

1. Members’ voluntary liquidation – This is for companies who wish to cease trading and do not want to sell the company. It is also known as ‘winding up’ a business and is not suitable for companies that are facing insolvency as the company must be able to pay its debts in entirety within 12 months of winding up the company.

Once the majority of a company’s members have signed a solvency declaration, members are given a 21-day notice period. Following this notice period, a majority vote is taken to continue and the liquidation process can begin. This type of liquidation is suited to companies facing an uncertain future and wish to avoid financial trouble.

2. Creditors’ voluntary liquidation – This type of liquidation is used when members of a company decide that a company is, or will become, insolvent. It involves a similar process to members’ voluntary liquidation, where a special resolution of the members of the company is made and the 21 days’ notice period begins. Members will then vote and a majority agreement will see the appointment of a registered liquidator. This method of liquidation is for companies who are facing insolvency and wish to disband the company and its assets.

3. Court-appointed liquidation – This form of liquidation is for companies and assets that are deemed at risk from third parties or directors of a company it can be initiated by a creditor who is seeking payment. Although it sounds scary, it is actually a safe way to secure the company from further loss and financial damage whilst the situation is assessed. If the court decides that the company should be liquidated, the court will appoint a liquidator.

Liquidation FAQs

Every one of our clients are different, there are no two companies identical in character, and so our process is different for everyone. However, we give each new matter an initial timeframe of four working weeks. This can be extended or shortened depending on the client and their requirements.

In most cases the answer would be no. However, you will need to be aware of all debts that you may have personally guaranteed. This may include some creditors, loans, overdrafts and in some cases PAYG and Super. We will help you work out what the liability, if any, is tied back to your personally.
 
Phoenix Companies are used to transfer assets illegally and to avoid paying creditors. If a sale of assets is not carried out correctly – and legally – then the directors could have problems in the future with a liquidator, ASIC and the ATO.
 
Once a company enters into liquidation, the ownership of that business and its affairs fall to the liquidator. Unless you have personally guarantees with your creditors, you can direct all correspondence to the liquidator.
 
Yes. If you intend on using the assets of a company that is about to enter liquidation you must purchase them for a fair price and sale agreement. If you do not then you may be participating in illegal phoenix activities.
 
Yes of course, provided it is purchased out of the company that is about to enter liquidation.
 
Again, no two business are the same and this would show in the work that needs to be undertaken for us to successfully work with them. However, a tailored business solution document will be provided for you which will include in it a measured project cost.
 
Yes. There is no automatic prohibition on a director of a company that enters liquidation holding another, or many other, directorships. However, the Corporations Act gives ASIC the power to ban someone from being a director for a period of up to five years if they have been a director of two or more companies that entered liquidation within the last seven years
 
Yes, this will be recorded on your credit file, but not as a severe record. Credit Reporting Agencies keep track of companies that enter liquidation (for insolvent companies) and the names of the directors of those companies. However, a liquidation is not a bankruptcy. Or even a personal judgement. A company is a separate legal entity to a director and the company’s directors are not automatically liable for a company’s debts. A personal bankruptcy or a personal judgement is a serious black mark on your credit rating – being a director of a company that went into liquidation is a less serious mark.
 

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