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Free debt collection tool

Is your business or are you personally owed money by a company here in Australia?

If yes – and if the amount in over $2,000 – it is likely you are able to use our free debt collection tool called the Creditors Statutory Demand.

To find out – click here and complete the check list, then proceed to collect the money (no charge from us).

To schedule a free review of your current business structure click the following link: Book a meeting instantly

To view our knowledge base glossary – for the definition of a term click the following link:  Glossary of terms

To view our knowledge base click the following link: Knowledge base

take our free Business Health Check and receive bespoke, obligation free advice suited to your needs within minutes.

Otherwise – click here to book a free appointment, call me anytime on 1300-327123 (till late), or click the chat tool – bottom right corner to instant chat now

Thanks, Mark Smith, Director

If you need help with your business’ finance, to access more finance, complete the form below:

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The importance of your business plan

Watch our latest video on your business plan or alternatively complete our Business Health Check to obtain a detailed report on the Health of your Business together with recommendations.

To take our free Business Health Check click here.

To schedule a free review of your current business structure click the following link: Book a meeting instantly

To view our knowledge base glossary – for the definition of a term click the following link:  Glossary of terms

To view our knowledge base click the following link: Knowledge base

For any other questions chat with us now using the live chat icon in the bottom corner of your screen.

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

take our free Business Health Check and receive bespoke, obligation free advice suited to your needs within minutes.

Otherwise – click here to book a free appointment, call me anytime on 1300-327123 (till late), or click the chat tool – bottom right corner to instant chat now

Thanks, Mark Smith, Director

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What is the best structure for my business? Sole trader, company, partnership, trust or something else?

Watch our latest video on your business structure or alternatively complete our Business Health Check to obtain a detailed report on the Health of your Business together with recommendations.

To take our free Business Health Check click here.

To schedule a free review of your current business structure click the following link: Book a meeting instantly

To view our knowledge base glossary – for the definition of a term click the following link:  Glossary of terms

To view our knowledge base click the following link: Knowledge base

For any other questions chat with us now using the live chat icon in the bottom corner of your screen.

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

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Should your business have an ABN?

We do recommend in most case that your business has an ABN. Watch the below video to consider why.

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

To contact us with any tip-offs, files or information – please use the instant chat tools or form below:

Transcript:

Fast facts video
business asset protection
should you have an ABN?
this is a very very basic question?
should your business have an ABN?
but if you’re buying or selling at all once you get to $75,000 turnover you’ve absolutely got to have it
if you’re buying goods – there’s a very good chance and actually if you’re buying services as well there’s very good chance that you’ll be buying goods or services and include a GST component
so you will want to be registered for GST so that you can claim the input cost of those items
For example: if you buy this pen for $100 and you can and you sell it for $200 you claim $10 or actually $9.10 this pen costs $91.90 without GST and $100 with GST you then go and sell it for $200 you sell it for $181.80 plus 10% GST
so you’re collecting GST and your paying GST
by being registered for GST you get the inputs
now the bad news is that you also have to pay the GST but that’s why you want to have an ABN – so that you can claim all the inputs
another very very good reason is as your business grows you’ll want to borrow and without an ABN, without a record of all your dealings with the tax office
without more taxes paid
there’s very good chance that you won’t be able to get funds to accelerate and grow your business without an ABN, without a trading history, without bank statements and all the rest but certainly not without an ABN
so we highly recommend it we can give you links here on this page
you can subscribe to our videos by clicking the subscribe button down in the bottom right hand corner of the YouTube screen and
we hope to see you soon on another video thank you

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

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What is a liquidator?

What is a liquidator

A liquidator is a person appointed, in the winding up of a corporation, to assume control of the company’s affairs and to discharge its liabilities in preparation for its dissolution.  The appointment of a liquidator may be done voluntarily (by the proprietors) or via the courts (usually upon the application of a creditor – very often the ATO using a creditors statutory demand).

The process of the liquidator conducting the affairs of the company and realising its assets is called liquidation.

The liquidator’s role is to ascertain the liabilities (and assets) of the company, convert its assets into money, terminate its contracts, dispose of its business, distribute the net assets to creditors and any surplus (which is rare) to the shareholders and/or proprietors.

The liquidator will extinguish the company, lawfully, as a corporation on the records of ASIC by formal dissolution.

In determining the assets of a company, it is the liquidator’s duty to determine whether particular assets under the company’s control are owned by the company or others – i.e. stock may be purchased subject to a retention of title, vehicles may be on a corporate hire purchase and secured via a PPSR.

BAP can assist company directors to structure their assets and affairs, if not insolvent, in such a fashion to provide lawful asset protection.  To discuss how we can help to structure your company’s affairs and assets to provide maximum asset protection, please click here to book an appointment, call 1300-327123 (1300-DCP123), or complete the below form.

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What is insolvency?

Money calculations insolvency advice

Insolvency in general terms, as it relates to a corporation, is the inability to pay debts as and when they become payable.

A company is also insolvent if it is experiencing an ‘endemic shortage of working capital’ as opposed to a temporary lack of liquidity.

Determining the difference at a point in time during the corporation’s life is a question for a court to determine .

Indicators of insolvency include:

  • continuing losses,
  • no access to alternative finance,
  • the inability to raise further equity,
  • special arrangements with selected creditors,
  • solicitors’ letters or judgments issued against the company,
  • overdue taxes,
  • failure to keep books and records, etc.

The list is indicative and not exhaustive.

Companies experiencing any or all the above indicators should book a free consultation by clicking here then where we’ll provide you with company specific advice re insolvency in your instance.  Alternatively call us on 1300-327123 (till late) or complete the form below.

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Deputy Commissioner of Taxation (i.e. the ATO) v GSFPA

(Work in progress, more details to follow on this page).

  • Deputy Commissioner of Taxation (i.e. the ATO) v GSFPA – this matter involved an alleged tax debt of sum $800,000+, a creditors statutory demand and Federal Court proceedings to set aside the demand.
  • We were ultimately successful in defeating the ATO based upon deficiencies in the method of service of the creditor’s statutory demand.
  • Such deficiencies are discussed generally in our blog – What to do when served?

Call anytime on 1300-327123 (till late) or complete the form below.

To view related blogs, case notes or otherwise, follow the following category links and tags below.

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DCPLH v the Estate of Elias Azzam

(Work in progress, more details to follow on this page).

  • DCPLH v the Estate of Elias Azzam (2 matters).
  • Matter 1 involves a potential insolvent trading claim.
  • Matter 2, as assignee, DCPLH is seeking equitable contribution from the estate of the co-surety pursuant to various mortgages and the obligations of the deceased.

 

Call anytime on 1300-327123.

To view related blogs, case notes or otherwise, follow the following category links and tags below.

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What is a creditors statutory demand?

The Corporations Act 2001 (“the Act”) provides for the conducting of business by a corporation in Australia.

Section 459E of the Act provides that a corporation may be served a statutory demand by a creditor (i.e. a creditor’s statutory demand) relating to (subsection 1):

                     (a)  a single debt that the company owes to the person, that is due and payable and whose amount is at least the statutory minimum; or

                     (b)  2 or more debts that the company owes to the person, that are due and payable and whose amounts total at least the statutory minimum.

 

Once served with such a demand, a company cannot ignore the demand.  The most serious of possible consequences for the company are now rolling out.  There are no friendly rules or casual arrangements, strict compliance with the demand is necessary by law.

Requirements

 

There are further other requirements such as:

             (2)  The demand:

                     (a)  if it relates to a single debt–must specify the debt and its amount; and

                     (b)  if it relates to 2 or more debts–must specify the total of the amounts of the debts; and

                     (c)  must require the company to pay the amount of the debt, or the total of the amounts of the debts, or to secure or compound for that amount or total to the creditor’s reasonable satisfaction, within 21 days after the demand is served on the company; and

                     (d)  must be in writing; and

                     (e)  must be in the prescribed form (if any); and

                      (f)  must be signed by or on behalf of the creditor.

             (3)  Unless the debt, or each of the debts, is a judgment debt, the demand must be accompanied by an affidavit that:

                     (a)  verifies that the debt, or the total of the amounts of the debts, is due and payable by the company; and

                     (b)  complies with the rules.

 

The key words above in each of the subsections are the words Must and AND.

The above requirements of the Act’s provisions are cumulative.

Skip any of the requirements and the consequences for the creditor’s demand is that it is potentially defective.

What happens next

Once a creditor’s statutory demand has been served upon a company, several things can happen:

  1. the recipient company pays the debt in full
  2. the company contacts the creditor and they negotiate a settlement
  3. the company applies to have the demand set aside – for instance if there has been a genuine disputing of the debt.
  4. the company does not respond, and the creditor applies to have it wound up

Next steps

If your company has received a creditor’s statutory demand, you have no time to waste.  Go straight to our “what to do next blog” for further next steps – click here to book a free appointment, call us on 1300-327123 or complete the form below.

To view related blogs, follow the following category links and tags below.

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Good debt practices

There are a number of healthy things a company can do in the conduct of its affairs.  Some obvious, some not so obvious.

Below is a short checklist of good practice suggestions (in no particular order).

Checklist

 

  1. Not incur debts in the first instance.
  2. Checking invoices and ATO tax office statements carefully – ensuring there are no additional, unapproved items.  Particularly in relation to taxation matters, it is critical that you check these thoroughly!
  3. Disputing unapproved items quickly.  Ideally in writing.  Particularly concerning alleged taxation debts, directors tend to do the opposite.  And, a director under pressure already, often fails to fully read a tax notice of assessment.  (Sometimes they are just plain depressing).  A director must resist the urge to bury the document and should immediately dispute any tax ruling or assessment that they believe is incorrect.  Failing to dispute assessments can have huge consequences later when and if a creditor’s statutory demand has been issued – options become vastly more limited.
  4. Putting everything in writing.  i.e. using email particularly when entering contractual arrangements.  This can provide an important record of the exact agreement.
  5. Confirming discussions in writing by email after discussing things with the other party.  i.e. if one side has made concessions about the debt, the time when due or payable or similar, send an email immediately afterwards confirming what was discussed.  It’s much easier to remember at the time than 2 months later.
  6. Keeping documents and records.  Ideally electronically in an inbox.
  7. Backing up and saving documents and records.  There are many good free or low-cost cloud solutions for storing emails and documents.

If your company needs help arranging its file, contract and legal documentation, or if your company needs to dispute a tax notice of assessment or director’s penalty notice call us for a free consultation, call 1300-327123 or complete the form below.

To view related blogs, follow the following category links and tags below.