One of my company is currently under voluntary administration due to conflicts with other company directors (>1) and I am the absolute majority shareholders.
The interesting part is that the main debt (highest proportion ) of the company actually come from another entity which I hold.
After discussion with two different lawyers, they gave me two totally different answers towards whether I (or more precisely, the other company) am valid to attend the 'Creditor Committee' and take a leading role due to
relationship trading / insider trading concerns.
After doing research on ASIC myself, one doc indicates that
'If directors and shareholders, their spouses and relatives and other entities controlled by them are
creditors of the company, they are entitled to attend and vote at creditors’ meetings, including the
meeting to decide the company’s future.'
(http://download.asic.gov.au/media/1348514/Voluntary_administration_guide_for_creditors.pdf)
So now I am confused, what's my tactic towards voluntary administrator then?
The interesting part is that the main debt (highest proportion ) of the company actually come from another entity which I hold.
After discussion with two different lawyers, they gave me two totally different answers towards whether I (or more precisely, the other company) am valid to attend the 'Creditor Committee' and take a leading role due to
relationship trading / insider trading concerns.
After doing research on ASIC myself, one doc indicates that
'If directors and shareholders, their spouses and relatives and other entities controlled by them are
creditors of the company, they are entitled to attend and vote at creditors’ meetings, including the
meeting to decide the company’s future.'
(http://download.asic.gov.au/media/1348514/Voluntary_administration_guide_for_creditors.pdf)
So now I am confused, what's my tactic towards voluntary administrator then?