What Is A Deed Of Company Arrangement?
A Deed of Company Arrangement (DOCA) is a contract that allows companies to avoid liquidation and remain, in some capacity, functional. A DOCA is usually put in place when an organisation faces insolvency (financial difficulties) or has entered voluntary administration. It is employed as a binding agreement between a company and its creditors with the intention of fostering a mutually beneficial solution.
As DOCA experts, we offer professional assistance to companies approaching insolvency so they can avoid the immediate winding-up of their organisation.
Who Initiates A DOCA?
If the threat of insolvency is looming over a company, it may choose to enter voluntary administration. Voluntary administration is when an independent ‘insolvency practitioner’ assesses the company’s assets and determines the best steps moving forward.
One option the insolvency practitioner could explore is using a Deed of Company Arrangement. A DOCA boasts a host of advantages, with the main one being a more favourable outcome for both the organisation and the creditors.
What Should A Deed Of Company Arrangement Include?
- The identity of the appointed administrator
- Details of the circumstances leading to the DOCA
- A comprehensive list of all assets available to repay creditors
- The extent to which the organisation will be relieved of its debts
- The order in which the company assets will be distributed
- The intention and length of any legal action held against the company
How Is A Deed Of Company Arrangement Implemented?
- Be supported by 50% of creditors
- Fulfil at least 50% of the debt owed
Following approval of the arrangement, the company has 15 business days to sign the agreement. If they fail to comply with these terms, they will be liquidated and considered insolvent immediately.
Who Oversees A DOCA?
Once the agreement is initiated, the voluntary administration process is brought to a close. From this point forward, the company falls under the jurisdiction of the contract.
The creditors will appoint an individual to be the ‘deed administrator’. Although the creditors can choose anyone to fulfil this role, the voluntary administrator will typically be selected. This is because they are familiar with the company’s operations and can offer an insight that is advantageous to both the creditors and the company.
The primary role of the deed administrator is to ensure that the company is complying with the DOCA. They are also an authority that the creditors can approach if they have concerns about the agreement.
The deed administrator is responsible for filing regular reports with the ASIC and must present a detailed list of the company’s receipts and payments every six months.
Who Does A DOCA Affect?
- Unsecured creditors (those who voted against the agreement)
- Owners of company property
- Secured creditors (those who voted in favour of the agreement)
- Those leasing properties to the company
The arrangement can release the business from many debts and provides the organisation with an alternative plan. By implementing a DOCA, company directors can eventually regain control, but they may be subject to limitations.
When Does A Deed Of Company Arrangement End?
- The company makes its final payment and continues as a completely solvent company, thereby ending the administration period.
- The court or creditors retract the arrangement due to a lack of cooperation from the company, returning the organisation to a state of insolvency.
Financial stability is vital for a company’s success, and insolvency does pose a threat to your organisation, but there are recovery strategies available. Entering a DOCA is just one of the ways to keep your company solvent and operational. Though the process may seem complex, it can provide a better outcome for all parties involved.
I made an appointment with Andrew after finding him on google. I was nervous and apprehensive about what to expect but he made the process of bankruptcy extremely uncomplicated and stress free, allowing myself the opportunity to get the fresh start I was so desperate for. Thank you Andrew I could not recommend you enough.
Making the decision to go bankrupt was not easy however once I had spoken to Andrew i felt all my anxiety disappear. Andrew does not judge you and he has an innate ability to put you at ease. He took care of the whole process for me again reducing the stress involved with completing paperwork.
Thank you very much.
I will definitely recommend Andrew Bell to anyone contemplating bankruptcy. Don't wait! Andrew is there to help. With his knowledge, he can advise you of the best path to take and assist with the mind boggling paperwork.
Best of all, he is there for you through your entire bankruptcy period. Get your life back, it's not as bad as you think. Thank you Andrew for lifting the burden and allowing me to move on.
I saw Andrew for 'advice only' on possible bankruptcy due to a divorce. Left an hour later with the paperwork all done and feeling like a new person!
Andrew was extremely welcoming and made me feel so comfortable with my decision to proceed immediately.
This was the best investment I have ever made and cannot speak highly enough of Andrew. He doesn't just give excellent service his follow up afterwards is amazing. Thankyou Andrew you made my 'new' life so easy to achieve!
Andrew was very helpful in helping me through the bankruptcy process, as a single mother left with a massive debt from my ex and our previous marriage. I was struggling to keep my head above water on a week to week basis.
Andrew made me feel at ease immediately and helped me every step of the way, he happily and professionally answered any and all questions I had before, during and after the process. Thanks so much for your help Andrew!
Would highly recommend Andrew to anyone having financial difficulties. Andrew made me feel very comfortable - he took care of everything and keep in regular contact with me throughout the whole process.
Service was fantastic and he also keep in regular contact with me when everything had been finalised Thanks Andrew! can now get my life back on track.
Very prompt service and excellent source of knowledge and information, I highly recommend Andrew's service for a quick turn around of circumstances.
Andrew put my mind at ease in one easy appointment. Very satisfied with the outcome and service provided. Highly recommend Andrew.
Andrew was a steadying hand with his advice.Showing that things aren't as bad as first thought nor any obstacle insurmountable. If you have questions needing answers, Andrew is the person to ask. Thanks for your advice Andrew.
Andrew was very knowledgeable, caring, helpful and compassionate when I went and saw him. He made me feel that I wasn’t the loser and failure that I thought I was being. Even down to the box of tissues on the table.. which I needed. Highly recommend to go see Andrew if your struggling. There is life after!
Andrew and his team do an excellent job of helping their clients with bankruptcy advice and it is a pleasure to work with him.
Don't hesitate contacting Andrew, I was stressed, struggled sleeping through debt. Andrew put me at ease. He listened to my situation and we decided on my next move. Andrew is professional and easy to talk too. I would recommend highly to anyone who wants help to give him a call. I appreciate your support Andrew. Regards Brett.
Andrew has given me back my life!!! After living paycheck to paycheck, I didn’t know what to do. Until I made the big step and booked an appointment with Andrew. As soon as I left his office I felt a huge weight lifted!!!
Andrew was prompt, organised, friendly and efficient with the processing of my documents and made everything very simple for me so I didn’t need to deal with the added pressure and stress. Thank you Andrew for allowing me to start afresh and getting it done within a matter of weeks.
Fill the form below to download our Free Expert Bankruptcy Guide