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What is a deed of company arrangement (DOCA)

A Deed of Company Arrangement (DOCA) is a formal, legally binding agreement. It sets out how a financially distressed company will deal with its debts and affairs after entering voluntary administration.

A deed of company arrangement (DOCA) can help a company in financial distress by allowing it to restructure its debts and operations while avoiding immediate liquidation.

Through a DOCA, the company and its creditors agree on a plan for repaying debts—often at a reduced amount or over time—so the business can continue trading, preserve value, and potentially recover.

This process can deliver a better outcome for creditors than winding up the company and gives the business an opportunity to stabilise and return to viability.

In simple terms

A DOCA is a restructuring deal between a company and its creditors that aims to:

  • Keep the company operating, or
  • Achieve a better return for creditors than immediate liquidation.

When is a deed of company arrangement suitable

A deed of company arrangement (DOCA) is suitable when a company is insolvent or likely to become insolvent but has a viable underlying business or assets that can generate better returns if the company continues operating rather than being liquidated.

It is most appropriate where creditors are likely to receive a better outcome through a structured compromise or repayment plan, management is willing to cooperate with the administrator, and there is a realistic prospect of stabilising the company’s financial position within a reasonable timeframe.

Essentially when:

  • A company first enters voluntary administration
  • Creditors then vote on the company’s future
  • One option creditors may choose is to accept a DOCA

Why companies use a DOCA

  • To avoid liquidation
  • To restructure debts
  • To preserve jobs and business value
  • To provide creditors with a better outcome than winding up

The DOCA process in general

1. Financial distress identified

A voluntary administrator can be appointed by:

  • The company directors (most common)
  • A secured creditor with a charge over most or all assets
  • A liquidator or provisional liquidator

This usually happens when directors believe the company is insolvent or likely to become insolvent.

2. Appointment of a voluntary administrator

An independent registered liquidator is appointed to take control of the company and assess its financial position.

3. First creditors’ meeting

Creditors meet shortly after the appointment to confirm or replace the administrator and form a committee of inspection if required.

4. Investigation and reporting

The administrator investigates the company’s affairs and prepares a report comparing the likely outcomes of a DOCA, liquidation, or returning the company to directors’ control.

5. Second creditors’ meeting

Creditors vote on the company’s future and choose between entering a DOCA, winding up the company, or ending the administration.

6. Execution of the DOCA

If creditors approve a DOCA, the deed is executed within the required timeframe, and the administrator becomes the deed administrator.

7. Implementation of the DOCA

The company operates in accordance with the deed’s terms, including making payments to creditors and restructuring the business as agreed.

8. Completion or termination

Once the DOCA terms are fulfilled, the deed ends and the company exits administration. If the DOCA fails, the company may be placed into liquidation.

Limitations and risks to note

  • A DOCA must be approved by a majority in number and value of creditors
  • If the company fails to meet the DOCA terms, it can still be wound up

DOCA vs liquidation (quick comparison)

DOCALiquidation
Company may continue tradingCompany usually stops
Creditors may receive partial paymentOften lower returns
Business assets preservedAssets sold off
Focus on recoveryFocus on closure

Summary of key DOCA features

When it’s used

  • A company first enters voluntary administration
  • Creditors then vote on the company’s future
  • One option creditors may choose is to accept a DOCA

 

Who is involved

  • The company
  • Creditors
  • The administrator (who usually becomes the deed administrator)

 

What it covers

A DOCA will usually specify:

  • How much creditors will be paid (often cents in the dollar)
  • When and how payments will be made
  • Which assets are included or excluded
  • How the business will continue (if it does)
  • Any compromises or releases of debts

 

Legal effect

  • Once executed, it binds all unsecured creditors, even those who voted against it
  • Secured creditors are only bound if they agree
  • It replaces the administrator’s control with the terms of the DOCA

Pros and cons for both creditors and directors

Comparison of the pros and cons of a Deed of Company Arrangement (DOCA) for both creditors and directors.

StakeholderProsCons
Creditors
  • May receive a higher return than in liquidation
  • Payments can be made faster or in structured instalments
  • Business continues trading, preserving value
  • DOCA binds all unsecured creditors, creating certainty
  • Usually receive less than the full debt owed
  • Payments may be delayed over time
  • Risk the DOCA may fail, leading to liquidation
  • Limited control once the DOCA is approved
Directors
  • Avoids immediate liquidation of the company
  • Opportunity to restructure and save the business
  • Business, jobs, and goodwill may be preserved
  • Can limit exposure to insolvent trading claims
  • Loss of control during administration and DOCA period
  • Must comply strictly with DOCA terms
  • Personal guarantees are usually not released
  • Failure of the DOCA can still result in liquidation

How we help

As an insolvency specialist, we help businesses in financial distress by using a Deed of Company Arrangement (DOCA) to stabilise operations, protect the company from creditor action, and restructure its debts.

We act as voluntary administrators to quickly assess the business, engage with creditors, and design a practical DOCA that improves cash flow, preserves value, and delivers a better return than liquidation.

By negotiating reduced or deferred repayments and implementing operational improvements, we give viable businesses the opportunity to recover, continue trading, and exit distress on a sustainable footing.

Other restructuring and turnaround options

FAQs

A DOCA is a legally binding agreement between a company and its creditors that sets out how the company’s debts will be compromised or repaid after entering voluntary administration.

A DOCA takes effect once it is approved by creditors at the second creditors’ meeting and formally executed, usually within 15 business days of the vote (unless extended).

All unsecured creditors are bound by the DOCA, including those who voted against it or did not vote. Secured creditors are only bound if they agree to be included.

Yes. In many cases, the company continues trading while the DOCA is in place, subject to the terms of the deed and oversight by the deed administrator.

This depends on the DOCA terms. Creditors often receive a reduced amount (cents in the dollar) or staged payments over time, based on what the company can afford.

The duration varies. Some DOCAs last only a few months, while others run for several years, depending on the repayment structure and business recovery plan.

If the company cannot meet its obligations under the DOCA, the deed may be terminated and the company can be placed into liquidation.

No. A DOCA does not automatically release personal guarantees given by directors unless the creditor specifically agrees to do so.

It can be, where the business is viable and creditors are likely to receive a better return through continued trading rather than an immediate wind‑up.

The voluntary administrator usually becomes the deed administrator and is responsible for ensuring the DOCA is carried out according to its terms.

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Note: The information provided is for general purposes only. It is not financial or legal advice. Please get in touch with a qualified expert from our team.