What Happens When Your Company Becomes Insolvent?

When your company becomes insolvent, you can expect a number of things outside your control to happen that you might want to know about and understand your rights.

  1. You Receive Invoices or Demands for Payment that you Cannot Pay

If you have overdue invoices or have received a letter of demand threatening legal action, you may wish to consider seeking financial or legal advice to dispute the debt.

Under the Federal governments new small business debt restructuring process, your company is able to appoint a restructuring practitioner to assess whether your company is still viable and propose a restructuring plan to your creditors.

  1. You Are Served with a Statutory Demand.

If your company is served with a statutory demand, you have 21 days to pay back (or arrange payment) of the debt that is demanded, or your company will be ‘presumed insolvent’ by the Court, which are grounds for the company to be wound up.

  1. The Court Winds Up Your Company

If the Court orders that your company be wound up on the grounds of insolvency, it will appoint a liquidator as an external administrator of the company, who will claw back any voidable transactions under the Corporations Act, distribute the company’s assets to its creditors and then deregister the Company. 

What Now?

If you would like to discuss how we can assist your business post COVID-19, please contact our insolvency partner – Levi Smouha on (07) 3009 8444. We will guide you, step by step and ensure the best possible outcome for your circumstances.  Call our Brisbane lawyers on (07) 3009 8444 or our Sydney lawyers on (02) 9307 8900. Alternatively, contact us to get started.

The blog published by Rostron Carlyle Rojas is intended as general information only and is not legal advice on any subject matter. By viewing the blog posts, the reader understands there is no solicitor-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult RCR on any legal queries concerning a specific situation.


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