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ARTICLE · 08 NOVEMBER 2017

Statutory demands: Not to be ignored (or overlooked)

A company director who receives a statutory demand for payment from a creditor must act appropriately within 21 days.

AustraliaInsolvency/Bankruptcy/Re-Structuring

21 days to act!

A company director who receives a statutory demand for payment from a creditor and fails to act appropriately, within 21 days from receiving it, can have grave consequences on the future of what might be, a viable business. This is because the next step in the process is for a creditor to file a winding up application. If this is filed, the available options to resolve the circumstances become limited.

At Worrells, professional advisors often ask us what options are left for clients who receive a statutory demand. Our advice always urges them to act before the demand's 21-day period expires.

The reality is that, this hinges on whether the company is solvent, its underlying business is viable, or whether receiving a statutory demand indicates wider systemic financial problems the company may be facing. Acting before the demand expires reduces the likelihood of having to defend a winding up application or taking remedial action to save a company

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