Archive for the 'Corporations Law' Category

8 January 2016

Dick Smith appoints an external administrator

This week, Dick Smith went into voluntary administration which raises questions about what will now happen to the consumers and creditor’s of Dick Smith. What is voluntary administration? Voluntary administration is a process whereby an “external administrator” is voluntarily appointed by a company to manage its affairs, in the hope that the company will ultimately […]

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2 September 2013

10 Considerations for your Not for Profit Organisation

It is with interest that I read a recent publication by the Australian Institute of Directors titled, Good Governance Principles and Guidance for Not for Profit Organisations (“the AICD NFP Guide”). The not for profit (‘NFP’) sector is currently the subject of substantial reform. With the recent inception of the Australian Charities and Not for […]

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29 July 2013

Do you know the difference between a company in administration, receivership and liquidation?

In today’s current economic climate it is important for everyone doing business to know the difference between a company in receivership, a company in administration and a company in liquidation. A Company in Administration A company will be placed in administration when the directors of the company form the opinion that the company is insolvent, […]

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12 October 2012

Circulating Resolutions

I have recently been asked to advise what the alternatives are when dealing with a general meeting of shareholders/members of a private company. If you are considering calling a general meeting of members of your company, consideration must firstly be given to the company’s constitution and other governing documents. Other governing documents may include, for […]

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5 October 2012

Are you a Director wanting to rise from the ashes?

If a company is having difficulty paying its employees, creditors or taxation liabilities, the directors may believe that one way out of the situation is to liquidate the company and commence trading under a new entity controlled by the same person or group, but free of debts. A company seeking to avoid payment of its […]

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