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
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)
| DOCA | Liquidation |
|---|
| Company may continue trading | Company usually stops |
| Creditors may receive partial payment | Often lower returns |
| Business assets preserved | Assets sold off |
| Focus on recovery | Focus 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.
| Stakeholder | Pros | Cons |
|---|
| 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
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.