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What is voluntary administration

Voluntary Administrations (VAs) allow insolvent companies to continue to operate whilst satisfying company debts.

Voluntary Administrations (VAs) allow insolvent companies to continue to operate, or, if this is not possible, they provide for a greater return to creditors than they would otherwise receive if the business was liquidated.

Directors usually instigate a VA when they believe the company is insolvent, or is likely to become insolvent (i.e. the company is unable to pay its debts as and when they fall due).

A VA appointment immediately suspends most creditors’ claims against the company.

When is voluntary administration suitable

Voluntary administration is suitable when a business is insolvent or likely to become insolvent, but there may still be a chance to save the business or achieve a better outcome for creditors than immediate liquidation.

It is commonly appropriate in situations such as:

  • Cash‑flow insolvency
    The company cannot pay its debts as and when they fall due.

  • Serious financial distress, but viable core business
    The business model may still work if debts are restructured, contracts renegotiated, or costs reduced.

  • Need for breathing space
    Voluntary administration provides a moratorium on creditor enforcement, giving time to assess options without pressure from lawsuits or winding‑up actions.

  • Potential for a Deed of Company Arrangement (DOCA)
    There is a realistic prospect of reaching an agreement with creditors to compromise debts or restructure the company.

  • Directors at risk of insolvent trading
    Appointing an administrator can help directors limit personal liability for continuing to trade while insolvent.

  • Better return for creditors than liquidation
    If continuing or selling the business as a going concern is likely to generate more value than winding it up.

It is not suitable where:

  • The business has no realistic prospect of recovery, or
  • There are insufficient assets or funding to support the administration process.

Why choose voluntary administration

Voluntary administration is often chosen over liquidation because it offers flexibility, protection, and the potential to preserve value, whereas liquidation focuses on shutting the business down. Key reasons include:

 

Chance to Save the Business

  • Voluntary administration allows the company to keep trading while options are assessed.
  • A viable business can be restructured and continued, often through a Deed of Company Arrangement (DOCA).
  • Liquidation usually means the business ceases permanently.

 

Better Outcome for Creditors

  • Selling a business as a going concern often yields higher returns than a forced asset sale.
  • Creditors may agree to:
    • Accept reduced repayments
    • Receive payment over time
  • In liquidation, unsecured creditors often receive little or nothing.

 

Immediate Protection from Creditors

  • Voluntary administration provides a statutory moratorium:
    • Stops legal actions
    • Halts enforcement of unsecured debts
  • Liquidation does not offer the same short‑term breathing space before asset realisation.

 

Reduced Risk for Directors

  • Appointing an administrator can help directors:
    • Avoid or limit insolvent trading liability
    • Demonstrate they acted responsibly once insolvency was suspected
  • Liquidation may trigger closer scrutiny of directors’ past conduct without any opportunity to fix the business.

 

More Control Over the Outcome

  • Directors can propose a DOCA tailored to the company’s circumstances.
  • In liquidation, directors lose control entirely and outcomes are fixed by law.

 

Voluntary administration vs liquidation

Voluntary AdministrationLiquidation
Rescue-focusedShutdown-focused
Temporary creditor protectionAsset realisation
Possible business survivalBusiness ends
Potentially higher creditor returnsOften lower returns

The voluntary administration process in general

1. Decision to Appoint an Administrator

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 Takes Effect Immediately

Once appointed:

  • The administrator takes control of the company
  • Directors’ powers are suspended (except with consent)
  • A moratorium begins:
    • Creditors cannot enforce debts
    • Court actions are paused
    • No winding‑up proceedings can continue

This gives the company “breathing space.”

3. Administrator Investigates the Company

The administrator reviews:

  • Financial position and cash flow
  • Causes of insolvency
  • Asset values
  • Viability of continuing the business
  • Possible outcomes for creditors

They may continue to trade the business if it preserves value.

4. First Creditors’ Meeting (within 8 business days)

Creditors vote on:

  • Whether to replace the administrator
  • Whether to form a committee of inspection

This meeting is mainly procedural.

5. Administrator’s Report to Creditors

Before the second meeting, creditors receive a detailed report explaining:

  • The company’s financial position
  • Whether it should:
    1. Enter a Deed of Company Arrangement (DOCA)
    2. Be wound up (liquidation)
    3. Be returned to directors
6. Second Creditors’ Meeting (usually within 20–25 business days)

Creditors vote on the company’s future.

Possible outcomes:

✅ Deed of Company Arrangement (DOCA)

  • A binding agreement between company and creditors
  • May involve:
    • Reduced debt repayments
    • Extended payment terms
    • Sale of assets or business
    • Third‑party contributions
  • Company usually continues trading

 

❌ Liquidation

  • If no viable restructuring option exists
  • Administrator becomes liquidator
  • Company is wound up

 

🔄 Return to Directors

  • Rare, but possible if the company is solvent
7. After the Decision
  • If DOCA is approved, a deed administrator manages it
  • If liquidation is chosen, assets are realised and creditors paid in order of priority

Key benefits and risks to know

Key Benefits

  • Immediate protection from creditors
  • Directors reduce insolvent trading risk
  • Opportunity to save the business
  • Often better returns for creditors than liquidation

 

Key Risks / Downsides

  • Costly process
  • Business reputation impact
  • No guarantee creditors will accept a DOCA
  • Secured creditors may still enforce rights in some cases

How we help

As an insolvency specialist, we can help a business in financial distress by initiating voluntary administration to provide immediate protection from creditors and stabilise operations.

We’ll take control of the company, assess its financial position and viability, and continue trading where appropriate to preserve value.

We work with directors and creditors to develop a Deed of Company Arrangement (DOCA) to restructure debts or recapitalise the business, aiming to save the business or achieve a better return for creditors than liquidation while reducing directors’ exposure to insolvent trading.

Other restructuring and turnaround options

Want a more comprehensive understanding of voluntary administration?

FAQs

It is a formal insolvency process where an independent administrator is appointed to take control of a company that is insolvent or likely to become insolvent, to assess whether the business can be saved or should be wound up.

When it cannot pay its debts as they fall due, or is likely to become insolvent, but there may be a chance to restructure or achieve a better outcome than liquidation.

Directors’ powers are suspended, but they must assist the administrator and provide company records and information.

Yes, if the administrator believes continuing to trade will preserve or improve value for creditors.

Employment usually continues. Wages and entitlements incurred during administration must be paid, and existing entitlements are protected and prioritised.

Generally no. A statutory moratorium prevents most creditor enforcement actions during the administration period.

A DOCA is a binding agreement between the company and its creditors that sets out how debts will be compromised or repaid.

Typically 20–25 business days, unless extended by creditors or the court.

Voluntary administration can reduce the risk of insolvent trading liability, but it does not eliminate liability for guarantees or misconduct.

The company may:

  • Enter a DOCA
  • Be placed into liquidation
  • Be returned to directors (rare)

Voluntary administration focuses on rescue and restructuring, while liquidation focuses on closing the business and selling assets.

It can, but successful restructuring may preserve relationships better than liquidation.

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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.