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Voluntary Administration

Benefits include:

  • Temporary creditor protection
  • Expert financial assessment
  • Tailored rescue plans
  • May involve a sale of the business and/or it’s assets
  • Potential business continuity
  • Save jobs

Voluntary Administration in New Zealand provides a critical lifeline for businesses encountering financial distress by offering a structured and supportive process to navigate through tough times. When a company is struggling and unable to meet its financial obligations, it can opt for Voluntary Administration, where an independent administrator takes over the management of the company’s affairs. This process serves as a temporary reprieve from creditor actions, allowing the business a chance to reorganise and develop a viable plan to return to financial health. During this period, the administrator works to assess the company’s situation, explore options such as restructuring, asset sales, or even a potential merger, with the goal of preserving value and maximising returns for all stakeholders involved.

For directors, the benefits of Voluntary Administration are significant.

  • Firstly, it provides protection from immediate creditor pressure, including legal actions and winding-up petitions, giving the business some breathing space to focus on recovery strategies.
  • Secondly, it allows directors to work closely with the administrator to formulate a plan that could help save the business, which is often preferable to the alternative of liquidation.

This process can potentially retain jobs, maintain supplier relationships, and preserve the company’s brand and operations. Moreover, by engaging in Voluntary Administration, directors demonstrate a proactive approach to addressing financial difficulties, which can foster goodwill with creditors and increase the likelihood of a favorable outcome.

Ultimately, Voluntary Administration offers a practical framework for directors to navigate financial challenges, offering a chance to rehabilitate the business while balancing the interests of creditors and other stakeholders.

Fixity Services

It is initiated voluntarily by the company’s directors when they believe that the company is insolvent or likely to become insolvent.

Voluntary Administration benefits

  • Business Rescue: Provides an opportunity for the company to restructure and potentially continue operations, offering a chance to recover from financial difficulties.
  • Creditor Protection: Protects the company from creditor actions and legal claims during the administration process, giving it time to restructure.
  • Professional Oversight: An independent administrator manages the process, ensuring impartiality and adherence to voluntary administrations provisions set out in the Companies Act 1993.

Voluntary Administration process

  1. Appointment: The company’s directors appoint a voluntary administrator, typically when the company is facing financial difficulties.

  2. Administration: The administrator takes control of the company’s operations and finances, assessing its viability and exploring options for restructuring or selling the business.

  3. Proposal: The administrator prepares a proposal outlining the options for the company, which may include restructuring, a deed of company arrangement, handing the company back to the directors or liquidation.

  4. Creditors’ Meeting: Creditors are invited to a meeting to vote on the proposed plan. The plan may involve restructuring the company’s debts or entering into a deed of company arrangement.

  5. Outcome: If the creditors approve the proposal, the company proceeds with the agreed plan. If not, the company may move to liquidation or be handed back to the directors.

If you are concerned about your business and are considering appointing a voluntary administrator, contact us now.