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CORPORATE INSOLVENCY
If a business finds itself in financial distress, sometimes it will need to be restructured through the formal insolvency process.
This is based primarily on the cash flow test and falls under the definition in the Corporations Act, which states an entity is insolvent if it cannot pay its debts as and when they fall due. As the director or owner of a business, it is in your best interest to get qualified advice in regards to whether your company is insolvent or likely to become insolvent.
This decision isn’t taken lightly and we understand it can be challenging for all involved. We are understanding and empathetic with our approach and pride ourselves on always acting with the utmost professionalism and integrity.

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WHAT IS CORPORATE INSOLVENCY?
When a company is unable to pay all debts when they are due, then it’s considered insolvent. It’s quite easy to see how this happens. For nearly every business, the financial model is quite simple. Money is earned through cash and revenue, and it’s then paid out through expenses and outgoings.
It’s important that the money going out never exceeds the money coming in, or the company can run into problems. Debts start to accrue, whether as a result of unpaid salaries, owing taxes or unpaid bills. Then, the business becomes insolvent.


CATCH THE PROBLEM EARLY
If a business is going into debt, then there’s a good chance you’ll be able to identify some of the early warning signs. Once these have been identified, you can start to put strategies in place to turn the operations around and possibly save the company. While it’s not always possible to return the business to normal operations, there’s a good chance that insolvency can be avoided.
The key is taking action as soon as the initial signs of trouble start to appear, instead of leaving the issues to fester over time. Doing so is only going to be detrimental to you, your business and your employees. It’s important to note that company directors have an obligation to seek advice and stop trading whilst the business is insolvent, in order to avoid personal exposure.
FAQS
How can I tell if my company is insolvent?
The key is taking action as soon as the initial signs of trouble start to appear, instead of leaving the issues to fester over time. Doing so is only going to be detrimental to you, your business and your employees. It’s important to note that company directors have an obligation to seek advice and stop trading whilst the business is insolvent, in order to avoid personal exposure.
What are my options?
Corporate Lifeline is a professional and experienced organisation based in Sydney, with staff located all over Australia. We’re here to work closely with you and your company, and guide you through the often complicated processes of liquidation. We can also walk you through a number of other issues that you’ll want to understand, such as the risk of insolvent trading.
You’re able to talk with an experienced insolvency practitioner/ registered liquidator straight away and you’re given a free quote with no hidden costs or other surprises. What’s more, we also handle the often difficult process of working with your creditors. Waiting is commonly the biggest issue, so if you’re experiencing problems with regards to your business don’t hesitate to reach out to us. Insolvency doesn’t have to be the end of the business.
What is an ATO Garnishee Order?
Of course, it is in the best interest of all parties to pay taxation amounts when due. However, as a result of cash flow issues or other financial situations, many businesses find themselves in this difficult position.
Common types of ATO Garnishee
There are two common types of ATO Garnishee’s that are issued Australia wide – Garnishee to Debtors and Garnishee to Bank Accounts. While they are very similar in the fact that the ATO is paid the taxation amount due, the manner in which they operate is slightly different.
Garnishee to Debtors
In this scenario, the ATO issues a Garnishee to funds being paid from the company’s debtors. These debtors are provided a letter from the authority stating that all money to be paid to the company be redirected to the ATO. In essence, in an effort to reduce your debt to the ATO, all payments from particular debtors aren’t transferred into your account – instead paid to the authority.
Your business is notified of this change and this can apply to merchant card facilities, trade debtors or individuals that owe your enterprise money.
Garnishee to Bank Accounts
Alternatively, the ATO can target your other main source of money – business bank accounts. To collect outstanding taxation charges, the authority has the power to serve a Garnishee notice on your bank accounts. As such, your financial institution or bank is issued a letter to release funds from a particular account directly to the ATO.
It is important to remember that the authority will specify when payments from the bank account will be made and how much money they are collecting.
Consequences of an ATO Garnishee
This means that if revenue is not available through debtor payments or bank accounts, it can have a serious impact on your business operations. For example, you may have insufficient cash to pay employees or other creditors which you owe.
As a result, until the ATO Garnishee is lifted, the business may find it difficult to make simple payments or continue trading within the market. This is a serious issue and requires the assistance of experts such as the team at Corporate Lifeline.
OUR ADVISORY SERVICES
At Corporate Lifeline we have an array of services to cater to any phase your business is in financially.
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If you find yourself in a situation where you need financial advice for your business, let us help you.