Voluntary Administration and DOCA

Olvera provides comprehensive advice to help businesses make informed decisions during financial distress. 

Know your options in times of uncertainty.

Often, businesses’ fear of failure impedes their ability to innovate. When faced with financial distress, many businesses file for premature voluntary administration when their business can yet be recovered.  

In a volatile market, debt consolidation and debt management strategies are not enough. Complexities and circumstances sometimes dictate that a voluntary administration process or a wind down via liquidation is unavoidable. 

Olvera believes in creating an environment for entrepreneurial activity to thrive and reducing the stigma of business failure.

At Olvera Advisors, we foster an environment where clarity serves as the foundation for change, and empowers businesses not just to survive, but to flourish in the face of uncertainty. Our unique approach revolves around crafting tailored solutions that address the distinctive needs of stakeholders, while ensuring the preservation of value in voluntary administration or liquidation scenarios.  

Our team understands the complexity of stakeholders’ needs and the importance of value-preservation strategies in voluntary administration or liquidation scenarios. 

In a world where change is the only constant, and challenges manifest in various forms, Olvera Advisors proudly stands as your partner, guiding you along the turnaround journey.  Together, we can support your business by reducing the stigma of business failure. 

WHERE IT MATTERS 

Does my business need Voluntary Administration and DOCA Services?

Voluntary Administration and DOCA services are suited for businesses with one or more of the following concerns

1

Difficulty meeting debt repayments or managing creditor demands

2

Increasing cash flow problems affecting daily operations

3

Insolvency risk due to declining revenue or mounting losses

4

Pressure from creditors, such as the ATO, threatening legal action or asset seizure

5

Inability to fulfil ongoing financial obligations, such as payroll or supplier payments

6

Looking for restructuring as a pathway to stabilise and continue business operations
Our Approach

How we can help 

Olvera’s Voluntary Administration services include 

Financial Position Assessment

Thoroughly investigating the organisation’s finances to determine current solvency and identify recovery pathways.

Strategic Guidance

Providing directors and creditors with expert advice to navigate challenges and choose the optimal course.

Creditor Reporting & Negotiating

Preparing detailed reports to help creditors make well-informed decisions on the company’s future.

DOCA Facilitation

Coordinating the Deed of Company Arrangement process to maximise potential recovery and business continuity.

Fund Distribution Oversight

Managing the fair and orderly distribution of funds to creditors as outlined in the DOCA.

Olvera Guides

Insolvency Guide

Download Olvera’s Insolvency service guide for an informative overview of our offerings and industry experience.
Insolvency Guide
Our Experts

Your Insolvency Experts

Our team of specialist advisors are dedicated to providing expert guidance and personalised solutions for your business.

Kate Barnet

Principal

Kate Barnet is a recognised leader in the insolvency and reconstruction industry.

Michael Billingsley

Principal

Michael offers over two decades of international restructuring expertise, adept at innovatively supporting diverse businesses, from small firms to listed companies.

FAQs

Frequently Asked Questions 

Get answers to common questions about Voluntary Administration and DOCA.
What is voluntary administration?

Voluntary administration is a critical legal process that provides a lifeline to financially troubled companies. When a company faces financial distress and is unable to pay its debts, it can opt for voluntary administration. This process allows the company to assess its options and potentially return to profitability.  

Voluntary Administration (VA) remains a powerful tool for companies facing financial distress, designed to offer a lifeline to viable businesses facing temporary financial challenges. 

A voluntary administrator is a licensed professional who takes control of the company’s financial affairs during the administration process. Their primary responsibilities include: 

  • Investigating the company’s financial position. 
  • Advising directors and creditors on the best course of action. 
  • Preparing reports for creditors to make informed decisions. 
  • Facilitating the DOCA process if possible. 
  • Overseeing the distribution of funds to creditors.
A DOCA is a formal agreement between the company and its creditors that outlines how the company’s debts will be managed. It may involve reduced payments, extended repayment terms, or other arrangements aimed at helping the business recover while providing creditors with some repayment.

If creditors agree to a DOCA, the administrator works with the company to finalise the terms. Once accepted, the DOCA is implemented, allowing the company to continue operating under new financial terms and conditions specified in the agreement. 

If creditors do not agree to a DOCA, the company may be placed into liquidation. In this scenario, the company’s assets are sold off to repay creditors, and the business generally ceases operations.

When a company enters voluntary administration in Australia, it’s essential to understand the implications: 

  • Protection from Legal Action: The company gains temporary protection from legal action by unsecured creditors. 
  • Opportunity for Survival: Voluntary administration offers a chance for the company to restructure and potentially avoid liquidation. 
  • Transparency and Communication: Creditors receive detailed reports on the company’s financial status and proposed actions. 
  • Impact on Directors: Company directors may lose control over the company during administration. 
The duration of voluntary administration varies depending on the complexity of the case. Typically, the process can last from a few weeks to several months. It’s essential to work closely with a voluntary administrator to ensure a swift and effective resolution.
Voluntary administration offers temporary protection from creditor actions, providing time to reorganise finances, stabilise operations, and potentially avoid liquidation. It allows the company to continue trading while maximising the chances of repaying creditors in part or full.
Yes, if the DOCA is successfully implemented and financial stability is restored, the company can return to normal operations under its original management. The DOCA provides an opportunity to restructure and continue business activities.
During voluntary administration, directors are protected from certain legal actions by creditors, but it does not remove liability for actions taken before administration. The Safe Harbour provisions, however, can offer additional protection if the director has taken reasonable steps to improve the company’s position before entering administration.
Resources

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