If your business is severely insolvent and is unable to pay its debts on time and as they fall due, administration and liquidation are two essential options for you. If alternate options such as obtaining a loan to overcome a struggle with debts has already been pursued, you may be in a situation which requires administration. If you are running a business which has debt that is hard to manage, it can become difficult to continue to operate. It is important to seek help sooner rather than later, so that your situation can appropriately be assessed and managed to get you right back on track.

What is administration?

Administration refers to when a business receives the assistance of a professional administrator to decide upon the best plan for a business’s financial status. This option can relieve stress for a business in financial strain. Administration is usually the phase to enter before going into liquidation. The Administration process may be used as a means of avoiding liquidation. The administrator will aim to save the business’s financial status by increasing its chances to continue to do business.

Advantages & Disadvantages

Administration can be an effective option to limit a business’s chances of going into liquidation. It has the ability to revive its operations without actually dissolving the business’s operations. Although mainly advantageous, the directors of a business will lose control of the business if under administration.

How to arrange administration?

If your business is struggling with debt you must first seek advice from a professional either through an accountant or financial advisor.

What is liquidation?

Upon failure of administration to produce a better financial arrangement, liquidation will be the next option for a business.Liquidation is the formal legal way of describing the winding up of a company’s operations. Liquidation can only apply to companies, it does not apply to individuals -bankruptcy. The process refers to the releasing of a company’s assets, operation etc to its shareholders. A vote of creditors or a court order can render a business to be in liquidation. A liquidator’s job is to aim for the best result for the business’s creditors and shareholders.

Advantages & Disadvantages

Although quite rare, a liquidator may be able to keep the business continuing its operations if it is in everyone’s best interests. However, the result usually leads to the selling of assets and ceasing of operations. The overall aim of a liquidator is to wind up a business in the most commercially practicable way.

How does a business obtain a registered liquidator?

You can search for a registered liquidator online through ASIC, where professional registers are able to provide free information about professional liquidators.

Businesses under financial strain will look at going into either of the above options. It is important to understand the options and how these different options can work to secure a business’s standing.

Read more about the key differences of Administration and Liquidation and how they differ. OR let us find you the perfect business lawyer for your financial situation.

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Brodie Nettleton

Brodie is a paralegal at LawPath working in our content team, which works to provide free legal guides to enhance public access to legal resources. With a keen interest in Criminal and IP Law, her research focuses on small businesses, and how they can better navigate complex legal procedures.