Deeds of Company Arrangement

Mark Wellard

    Research output: Chapter in Book/Report/Conference proceedingOther chapter contribution

    Abstract

    If a voluntary administration procedure doesn't result in the liquidation (winding up) of a company, the usual outcome is the creditors' approval- and the company's execution - of a deed of company arrangement (Do CA): Corporations Act 2001 (Cth) s 439C. Division 10 of Pt 5.3A of the- Corporations Act provides for the execution and effect of a DoCA.

    Recent empirical research (albeit based on limited sampling) suggests that DoCAs have proven to be a modestly successful feature of Pt 5.3A.1 While it appears that most DoCAs do not achieve the lofty ambition of a 'turnaround' or 'rescue' of an insolvent (or near-insolvent) company, this research does suggest that DoCAs do have a healthy track record of delivering a better return to creditors than would result from companies being simply wound up.
    Original languageEnglish
    Title of host publicationAustralian insolvency law
    Subtitle of host publicationcases and materials
    Place of PublicationAustralia
    PublisherLexisNexis Butterworths
    Pages417-468
    Number of pages52
    ISBN (Electronic)9780409340464
    ISBN (Print)9780409340457
    Publication statusPublished - 2016

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  • Cite this

    Wellard, M. (2016). Deeds of Company Arrangement. In Australian insolvency law: cases and materials (pp. 417-468). LexisNexis Butterworths.