Appoint voluntary administrator under Part 5.3A Corporations Act

Directors can place company in voluntary administration when insolvent — pause creditor claims for restructuring window.

criticalcurrentevent driven

Who must comply

Directors of insolvent or likely-insolvent companies considering restructuring.

What triggers it

Reasonable grounds to suspect insolvency.

When due

Same-day appointment when conditions met.

Evidence required

Notice of Appointment of Administrator (Form 505); creditor reports.

Max penalty

Personal director liability for insolvent trading if delayed; appointment itself is protective

Summary

Part 5.3A of the Corporations Act allows directors to appoint a voluntary administrator when the company is insolvent or likely to become insolvent. Triggers automatic moratorium on creditor claims (with exceptions). Administrator investigates + recommends DOCA, liquidation or return to directors at second meeting.

Enforced by

Source legislation

Entity types

company

Topics

directorsinsolvencyvoluntary-administration

Source: https://asic.gov.au/regulatory-resources/insolvency/voluntary-administration. Rules Mate is not a law firm. Always verify against the live regulator source before acting.