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About Us
Our Solution Suites
SV Partners provide a comprehensive suite of services for professionals and their clients encompassing insolvency accounting, forensic accounting, turnaround strategy advice, fee funding and expert management consulting
The Professional’s Partner
The Professional’s Partner SV Partners was established in 2003, with a vision to provide expert and focused accounting services to accountants, financial institutions, corporations, financial and legal advisors, and their clients. With our staff of over 150 and offices in metropolitan and regional areas in Queensland, New South Wales, Victoria, South Australia, Tasmania and Western Australia, we are well positioned to provide the expertise that comes from being a national firm while delivering the high level of service expected from a local professional. We strive for excellence in delivery of our expertise, having built lasting relationships across the industry by taking a commercial but sensitive approach to our work. Our objective is to provide a suite of professional services to other professionals, allowing them to enhance their services to their clients and concentrate on their core business. Complementing our core service offerings are our affiliate businesses: SmartFee is a fee funding service developed by accountants for professionals and their clients. SmartFee offers payment options that enable business owners to spread the cost of their accounting fees over periodic instalments. The SmartFee relationship driven service means our clients can get the solutions they need, when they need it, without the possibility of cash flow restrictions. smartfee.com.au
SV Strategic Solutions work with SMEs and Family Owned Businesses offering business improvement strategies throughout the following services; Business Diagnostic, Comprehensive Business Planning and Growth Strategies, Business Performance and Improvement, Investment Readiness and Exit Planning, Coaching, Mentoring and Board of Advice and Turnaround Management. svstrategicsolutions.com.au
Ou r O f f i ce s Adelaide t 08 7077 2444 e adelaide@svp.com.au
Brisbane t 07 3310 2000 e brisbane@svp.com.au
Caringbah t 02 9531 8365 e caringbah@svp.com.au
Dubbo t 02 6882 8995 e dubbo@svp.com.au
Gold Coast t 07 5503 4960 e goldcoast@svp.com.au
Hobart t 03 9669 1100 e hobart@svp.com.au
W hy We’re Dif ferent At SV Partners, we’re different. Not just because our people are different, but because we approach our work with a perspective different from our competitors. We’ve honed our approach to set ourselves apart, providing expert advice with a human touch. Agile We adapt to the changing needs of our industry and our clients in order to provide the most up to date and effective solutions. Cost Conscious We understand that each business is unique and requires timely and cost effective solutions. That’s why we offer a free initial consultation and are transparent around potential outcomes and costs.
Mackay t 07 4953 4060 e mackay@svp.com.au
Melbourne t 03 9669 1100 e melbourne@svp.com.au
Newcastle t 02 4023 0847 e newcastle@svp.com.au
Parramatta t 02 8986 8986 e parramatta@svp.com.au
Perth t 08 6277 0026 e perth@svp.com.au
Rockhampton t 07 4994 1854 e rockhampton@svp.com.au
Accessible With our national presence in metropolitan and regional areas and direct access to Directors across our business, we have the resources to successfully meet the needs of all engagements, including those which extend across borders.
Sunshine Coast t 07 5414 3000 e sunshinecoast@svp.com.au
Sydney t 02 8986 8986 e sydney@svp.com.au
Tamworth t 02 6768 3399 e tamworth@svp.com.au
Responsive We make ourselves available at all times, ready to support and guide at each step. Our solutions are designed to help and we take the time to listen to the needs of our clients and share our knowledge and expertise openly.
Toowoomba t 07 4639 6140 e toowoomba@svp.com.au
Wollongong t 02 4227 4086 e wollongong@svp.com.au
SmartFee helps businesses pay invoices issued for professional fees over a monthly instalment plan. We do this by funding the invoice, so your firm gets paid up front (by SmartFee) for the total amount of the invoice and the business owner pays the total amount owed on the invoice over a monthly set schedule. Why use SmartFee? No cost to firm & no lock in contract Simple transparent online signup process for clients Full invoice payment to firm within 3 business days of client making their first instalment No application or administration fees
Approval within 1 business day for client Free ongoing training and support Dedicated Customer Relationship Manager to look after client accounts and minimise potential missed payments, including reminder communications
How does it work? The client receives a tax invoice from their accountant or lawyer The firm completes a simple online application with their client SmartFee confirms the application details Full invoice is paid to the firm by SmartFee Client pays off their invoice in instalments over a 3-12 month period
Established in 2003, SmartFee is part of the SV Partners Group of Companies.
Fo re n s i c s
A b o u t Us
SV Partners Forensics is a leading forensic accounting division that brings unsurpassed professional and technological expertise to each assignment.
When SV Partners was established in 2003, it was with a vision to provide expert and focused accounting services to fellow accountants and lawyers, and their clients.
Forensic accounting relates to matters that are, or likely to, come before a Court. Forensic accountants serve as independent expert witnesses, providing critical evidence to assist the Court deciding the matter before it. Business & Entity Valuations SV Partners provides business valuation reports for family law, commercial litigation and for general appraisal purposes. Commercial & Insurance Litigation SV Partners’ commercial litigation services aim to assist parties to understand complex financial and accounting related aspects of the matter at hand. We are experienced in dealing with complicated business issues that may lead to litigation, mediation or arbitration.
How can we help? Our team provide highly skilled advice, producing reports that provide a different view to the problem at hand. Experienced in most jurisdictions, our expert reports make complex issues easier to understand.
Since then, we have built a reputation as a firm that exceeds expectations, provides first class service and strives to deliver the very best for our clients. We do this by being transparent in all our dealings and holding ourselves to the highest professional standards.
SME Due Diligence Before buying or selling a business, it is important to seek advice from an independent specialist allowing you to make an informed decision.
Our values of respect, service and teamwork reflect the way we do business with our clients, work with our employees and how we approach the wider community.
Personal Injury Assessments
With 17 offices and over 150 highly skilled and passionate staff across Australia, we possess extensive experience across all types of engagements and across a multitude of industries.
In the event of injury or death, our team of experts are able to conduct personal injury economic loss reports providing a detailed assessment of the potential economic loss suffered from that event. Investigative Services At SV Partners, we approach investigative assignments with a critical mindset and professional scepticism. Opinions are only expressed where specifically requested.
Terry van der Velde MANAGING DIRECTOR
We continue to evolve and grow, driven by our vision and commitment to provide access to the highest quality specialised services, ensuring we are well placed to continue delivering on this vision, now and well into the future.
Solutions for Every Situation
Executive Directors Our Executive team have in excess of 70 years cumulative experience, each having developed their own specialisations throughout their varied careers.
“ The nature of business in Queensland means we’ve developed significant experience across engagements in key industries including Building & Construction, Tourism & Hospitality, Retail and Professional Services. ”
David Stimpson Queensland
David leads a team of over 60 staff and specialises in the building industry. With a network of industry experts he can call on, David and his team have been involved in engagements across Queensland and have conducted a number of large building administrations.
Jason is a specialist in complex corporate insolvency matters and bankrupt estates and leads a team of 25 in New South Wales. His team have been involved in trade-ons, liquidations, complex investigations and matters with national media attention. Jason Porter New South Wales
Our technical expertise allow us to take a commercial but sensitive approach to our work. We approach assignments with a critcal mindest and professional scepticism.
“ The diversity of industry in Victoria means our team has acquired experience in dealing with a variety of businesses across Retail, Manufacturing, Construction, Agriculture and Professional Services. ”
Michael Carrafa Victoria
SV Voidables is a national first service offering, providing support services in recovering or defending voidable transactions. Typically, a voidable transaction can arise where you receive monies for services rendered or goods supplied or you purchase an asset from a business, at a time when: The business was insolvent you knew, or should have reasonably known, that the business was insolvent Our national presence and extensive experience uniquely places us to provide specialist consulting services to liquidators, lawyers, accountants and their clients to recover or defend voidable transaction claims. Litigation Support
“ With Sydney serving as a base for many large organisations, we have been exposed to complex matters across the Retail, Hospitality, Transport, Finance and Manufacturing sectors. ”
How can we help?
S V Voidables
Leading a team of 29, Michael specialises in retail and construction, having conducted a number of administrations requiring the company to trade on with a view to sale. The team have experience dealing with complex matters across Victoria including liquidations, receiverships, voluntary adminstrations and more.
Through our innovative approach to road mapping voidable claims, we provide strategic and tactical dispute resolution services, expert and shadow expert services, solvency or insolvency expert reports and defence analysis.
Voidable Mitigation Consulting We apply a forensic due diligence to internal controls and documented trading terms and conditions to mitigate you or your clients exposure to possible voidable transactions.
Voidable Recovery Investigations Investigative or due diligence reports provide recommendations or opinions on the identification and potential recoverability of voidable transaction claims.
How can we help? If your client has received a demand from a Liquidator or Registered Trustee in Bankruptcy
for repayment of monies, we can help. Our investigative role is to mitigate losses should such a demand be received.
Sta t u to ry Tr u s te e A Statutory Trustee is a person or persons appointed by the Court for the purpose of selling real property in the event where a dispute arises between one or more co-owners over the sale of a property or where one party cannot raise sufficient funds to pay out the other party’s interest in the property. What causes a Statutory Trustee? This occurs when one of the co-owners is bankrupt and the other is not. If the non-bankrupt coowner is unable to raise sufficient funds to purchase the bankrupt estate’s interest in the property, or does not agree to a joint sale of the property, the Trustee may consider an application to Court for the appointment of a Statutory Trustee to sell the property, regardless of whether the nonbankrupt co-owner agrees. What are the expected outcomes of the appointment of a Statutory Trustee? Quantify the amounts owing to any creditors who hold security over the property (e.g. mortgagees, caveators, etc.) Determine the respective ownership interests in the property
How can we help? SV Partners have the required experience and qualifications to act as the Statutory Trustee in situations of disputes between parties over assets.
Obtain vacant possession of the property Undertake a marketing campaign for the sale of the property
Fi n a n cial Stress Ad v ice Businesses can be impacted by a variety factors, both in and out of their immediate control. From economic conditions and legislative changes to shifts in market trends. These can all have significant implications for the sustainability of a business. There are significant consequences for company directors who may face potential legal, financial and reputational risk for failing to ensure a business does not trade insolvent. What are indicators of Insolvency? Continuing losses Overdue taxes Not being able to obtain further finance from your existing or alternative banks Not being able to produce timely and accurate accounts Not paying your creditors within agreed trading terms
Making rounded payments not against specific invoices Threats of legal action or legal action for debt recovery Suppliers placing your business on COD or demanding payment before further supply is made or demanding payment plans
Pay out the valid security interests held over the property Distribute the balance of funds held after payment of the selling costs to the property owners
How can we help? Our team of experts act quickly and decisively to conduct a solvency review. We can then advise the best way to proceed - refinancing, restructuring, re-aligning the company’s activities or appointing an external administrator.
In s o l ve n c y We are not only technical experts, we take a sensitive but commercial approach to our work. SV Partners’ approach to insolvency services focuses on recovery and reconstruction. We also operate one of the largest private Bankruptcy Practices in Australia. Corporate Insolvency SV Partners can provide a range of options to companies in financial distress. Voluntary Administration
Receiverships
Creditors Voluntary Liquidation
Members Voluntary Liquidation
Court Liquidation
Turnaround Management
Personal Insolvency SV Partners can provide a range of options to individuals in financial distress. Bankruptcy Personal Insolvency Agreements Administration of Estates of Deceased Persons Part XI Statutory Trustee
Solutions for Every Situation SV Partners take great pride in providing a thoughtful, tailored approached to each matter. Every situation is different and our team ensure that clients understand all of their options in navigating through debt relief.
Ad m i n istration of E states SV Partners understands the loss of a loved one can be a difficult burden to carry, more so when the Estate has insufficient assets to pay any debts owing. Our aim is to deal with such matters in a professional and respectful manner, providing the best possible outcome for all parties concerned. What causes an administration of a deceased estate (Part XI)? An individual that is insolvent passes away, leaving unresolved debt The deceased estates become insolvent due to debts incurred by the legal personal representative of the deceased estate A creditor of the deceased estate or the administrator, executor or legal personal representative of the deceased estate wants to bankrupt a deceased estate An order for the administration of a deceased insolvent estate can only be made by the Federal Circuit Court or the Federal Court What are the expected outcomes of an Administration of Estates of Deceased Person (Part XI)? Potential realisation of assets of the deceased estate and proceeds be divided equitably
amongst creditors
If administered by a Trustee; investigations, reviewing creditor claims, reporting to creditors and paying dividends Independent Trustee may set aside voidable transactions and potentially increase the value of the Estate
How can we help?
SV Partners can conduct independent investigations and administer the deceased estate in a sensitive and understanding manner.
Personal Insolvency Agreement A personal insolvency agreement (also known as Part X or Part 10) is a formal arrangement for a debtor to deal with their creditors by making a proposal in satisfaction of their debts. This option can be feasible for a debtor that does not meet the eligibility requirements of a debt agreement because their assets and liabilities are considered too great. What causes a Personal Insolvency Agreement? A situation where an individual cannot pay all their debts
Co rp o rate In solven c y On average, more than 10,000 businesses in Australia experience insolvency per year. There are a diverse range of factors that can contribute to a business facing insolvency including but not limited to poor cash flow, trading losses and poor strategic management. If a company is unable to meet its liabilities, the directors must decide what action to take to maximise the return to creditors, while also avoiding the possibility of insolvent trading, which can make them personally liable.
A situation where an individual receives letters of demand, writs and/or bankruptcy notices from creditors, debt collectors or solicitors
We have worked on a range of cases, many of them unique, most of them complex. In the vast majority of these matters, we are able to act quickly and determinedly, focusing on restructure, turnaround and ongoing risk management.
An individual’s personal guarantees provided for company debts are called up
Our Services
A Personal Insolvency Agreement can occur in lieu of bankruptcy What are the expected outcomes of a Personal Insolvency Agreement? The individual debtor is relieved from debt problems and is able to extinguish existing debts Creditors are often provided higher and quicker dividends than under a bankruptcy A binding agreement between all parties, however, the arrangement can be flexible
Voluntary Administration
Receiverships
Creditors Voluntary Liquidation
Members Voluntary Liquidation
Court Liquidation
Turnaround Management
SV Partners’ broad range of expertise extends across industries including but not limited to Retail, Manufacturing & Wholesale Trade, Transport & Logistics, Building & Construction, Agriculture, Hospitality & Tourism, Finance and Professional & Administrative Services.
The impact on a debtor’s credit rating is less severe than if the debtor was to be made bankrupt
How can we help? Our role is to address a personal insolvency situation with the advice and skills required before it gets out of control. We will report to creditors and structure a proposal based on our investigations, guiding the client thorough each step of the process.
How can we help? Our longstanding relationships with key bodies across a wide array of industries means we can provide the most comprehensive advice to clients and ensure the best possible outcome is achieved in each matter.
Voluntar y Ad m i n i s t ra t i o n A voluntary administration (VA) is an insolvency process that aims to resolve the company’s future as quickly as possible.
Bankruptcy is a legal process that provides protection to people who are unable to repay their debts or reach a suitable arrangement with creditors.
When company directors suspect their company is or may become insolvent, an administrator should be appointed promptly in order to maximise the chances that the business will survive.
We believe bankruptcy is the last resort, although in some instances, may be the most suitable avenue that allows a client to be released from most debts.
What causes a Voluntary Adminstration? The company directors suspect the company is likely to become insolvent
What causes Bankruptcy? A situation where an individual is unable to pay all their debts
A secured creditor who is entitled to enforce a security interest over the company’s property, appoints a voluntary administrator Pressures from creditors demanding payments for debts and company directors are at personal financial risk of insolvent trading Pressures from the banks or secured creditors demanding payment Disputes between directors or shareholders What are the expected outcomes of a Voluntary Adminstration?
How can we help? Our experts have considerable experience in Voluntary Administration matters across a range of industries and businesses.
B a n k r u ptc y
Allows the company breathing space to deal with creditors and prepare a proposal to give the best return to stakeholders May allow a company to stay out of liquidation An independent person reviews the company’s affairs and deals with the pressures of creditors Reduces the possibility of secured creditors proceeding against the assets of the company At the end of the administration, the company usually enters into a Deed of Company Arrangement (DOCA)
An individual’s personal guarantees provided for company debts are called up A situation where an individual receives letters of demand, writs and/or bankruptcy notices from creditors, debt collectors or solicitors When a creditor is experiencing non-payment of a debt, dishonoured payments, trading terms extended or not met by the individual What are the expected outcomes of a Bankruptcy? A Registered Trustee is appointed and manages the bankruptcy The Trustee recovers and sells assets for the benefit of the creditors Relief is provided to the individual in bankruptcy from debt problems and extinguishes existing debts The ability for the indiviual to start life afresh after bankruptcy, free from debt
How can we help? Our role is to help provide objective and practical solutions to the situation in order to provide relief from debt and financial pressures. We endeavour to make the bankruptcy process as transparent and manageable as possible.
Personal Insolvency More than 25,000 individuals enter personal insolvency per year on average. Unfortunately, it is not uncommon for people to ignore the signs of financial distress and consequently find themselves worse off than if they were to seek professional advice early.
Creditors Voluntary Liquidation A creditors voluntary liquidation (CVL) occurs when the company’s members determine that the company can no longer satisfy its debts and is likely to become insolvent or is insolvent.
When an individual can no longer pay their debts and are receiving letters of demand and writs from creditors, debt collectors and solicitors, time is essential when looking for a solution.
A creditors voluntary liquidation allows for the winding up of a company’s affairs without the need for Court intervention. This type of insolvency provides for an orderly realisation and distribution of a company’s assets among its creditors and investigations as to why the company failed.
Our Services:
What causes a Creditors Voluntary Liquidation?
Bankruptcy Personal Insolvency Agreements Administration of Estates of Deceased Persons Part XI Statutory Trustee
A creditors voluntary liquidation can occur at the end of a voluntary administration if creditors vote for a company to be liquidated or a deed of company arrangement (DOCA) has been terminated When an insolvent company’s shareholders agree to liquidate the company and appoint a liquidator
Financial hardship can be triggered by many factors. Yet, no matter how it occurs, it is important to recognise financial difficulty early.
Recovery actions by the ATO and Directors’ Penalty Notices (DPNs) cause pressure on company directors
Every situation is different and our team ensure that all options in navigating through debt relief are understood. We firmly believe bankruptcy is the last resort and will work to find alternative solutions for our clients.
Directors become at risk of insolvent trading What are the expected outcomes of a Creditors Voluntary Liquidation? Once all assets have been realised, investigations are completed and distributions to creditors are made, the liquidator will apply to ASIC to deregister the company Creditors no longer have any claim against the company
How can we help? We operate as one of the largest Bankruptcy Practices in Australia and if bankruptcy occurs, we provide objective, practical and expert advice.
How can we help? We act as an independent third party to ensure to the Creditors Voluntary Liquidation process is conducted appropriately.
Cou r t L i q u i d a t i o n A court liquidation is a type of insolvency that requires an application to the Court by creditors, company members or other interested parties to wind up a company due to unpaid debts.
Turnaround management involves the review and analysis of a company to determine why it may be failing or in financial distress.
A liquidator is appointed by the Court in order to realise the company’s assets and distribute funds to creditors. The liquidator will investigate the company’s affairs and report any offences and other relevant matters to shareholders.
What causes Turnaround Management?
What causes a Court Liquidation? Non-payment of debts to stakeholders, causing interested parties to apply to the Court in order for the company to be wound up Recovery actions by the ATO and Directors’ Penalty Notices (DPNs) On-going losses and inability to improve trading performance Directors, shareholders or investor disputes Directors at risk of insolvent trading When creditors become concerned that assets are being removed from the company What are the expected outcomes of a Court Liquidation?
How can we help?
We ensure the appropriate investigations are undertaken and the best possible outcome is achieved for our clients.
Tu r n a rou n d
Once all company assets are realised, investigations are complete and distributions to creditors are made, the liquidator will apply to ASIC to deregister the company Creditors will no longer have any claim against the company and the company will no longer exist Secured creditors are still able to exercise their rights Certain transactions can be recovered by a liquidator for the benefit of all creditors
Changes in market conditions putting a company at risk New competing products in the market that put existing business activity at risk Major failure in business control and management systems Management does not have the skill set to continue and often business is already strained due to past activity What are the expected outcomes of Turnaround Management? Comprehensive company led turnaround plan that will be used to ensure the continued support from all key stakeholders Continued support and assistance with negotiations and execution of the turnaround plan in addition to mentoring the board and senior management team Understanding the finance options available to the company Manage and overcome business threats and weaknesses Improvement in business control and management Build and develop on existing strengths
How can we help? SV Strategic Solutions specialises in areas of turnaround management and business improvement for SMEs and are able to adapt specific solutions to fix a crisis. Our main focus is the long-term running of the business and improvement of business performance.
Members Voluntary Liquidation A Members’ Voluntary Liquidation occurs when a company’s members no longer wish to continue trading or have sold their business and wish to wind down and distribute the company’s surplus assets. To qualify, the company’s directors must be able to confirm that the company can meet its financial obligations within 12 months after the winding up of the company has been initiated. A Members’ Voluntary Liquidation is commonly used when members of a company wish to make tax effective use of the company’s assets or to independently resolve disputes between directors and shareholders. Below is a table that summarises the different tax treatments of distributions made by a Liquidator compared to the company’s directors:
How can we help?
We can ensure the right approach is adopted and can provide assistance to clients considering a Members Voluntary Liquidation.
Equity
Ordinary Course Distribution (Tax Treatment)
Liquidator’s Distribution (Tax Treatment)
Paid Up Capital
Capital
Capital
Retained Earnings
Dividend
Dividend
Pre-CGT Capital Profit Reserves
Dividend
Capital
Post-CGT Capital Profit Reserves
Dividend
Dividend
What are the benefits of a Members Voluntary Liquidation? Capital distributions from a Liquidator either have no tax payable or the member may be able to access various CGT concessions The cost of a Members’ Voluntary Liquidation (if paid by shareholders) is deductible in the shareholder’s income tax return; and By the time a potential liability claim is identified, the company may have already been dissolved and it is unlikely that any further action would be undertaken.
What sets us apart? We are committed to understanding individual circumstances & exploring key concerns to provide solutions. Our effective communication, responsiveness and ease of doing business is what sets us apart.
Re ce i versh ips A Receivership is a type of insolvency that occurs when a secured lender, such as a bank with security over company assets, wishes to recover its loan. In this situation, the secured creditor will appoint a receiver to administer the process of recovering debt owed by realising and selling company assets. What causes a Receivership? A company is unable to pay debts and secured creditors intend to recover money owed Interested parties such as shareholders, directors or investors make an application to Court to recover debt owed
Experienced and Understanding We provide objective, professional and experienced advice in all aspects of insolvency. As a professional advisor, our role is to help address an insolvency situation, with the advice and skills required, before it gets out of control.
Pressure from creditors for unpaid debts Major failure in business control and management systems Disputes between directors and shareholders Defaults on loan repayments to secured lenders On-going losses and inability to improve trading performance What are the expected outcomes of a Receivership?: An independent person controls and manages company assets to recover debt for a secured creditor Potential to continue to trade on the company and sell the business in some circumstances Usually concludes when the receiver has collected and sold all of the assets or enough assets to repay the secured creditor, completed all their receivership duties and paid their receivership liabilities. The receiver resigns or is discharged upon completion. Unless another external administrator has been appointed, control of the company and remaining assets return to the directors.
How can we help? We have proven success working with banks, lenders and company directors to assist throughout a receivership.
Re ce i versh ips A Receivership is a type of insolvency that occurs when a secured lender, such as a bank with security over company assets, wishes to recover its loan. In this situation, the secured creditor will appoint a receiver to administer the process of recovering debt owed by realising and selling company assets. What causes a Receivership? A company is unable to pay debts and secured creditors intend to recover money owed Interested parties such as shareholders, directors or investors make an application to Court to recover debt owed
Experienced and Understanding We provide objective, professional and experienced advice in all aspects of insolvency. As a professional advisor, our role is to help address an insolvency situation, with the advice and skills required, before it gets out of control.
Pressure from creditors for unpaid debts Major failure in business control and management systems Disputes between directors and shareholders Defaults on loan repayments to secured lenders On-going losses and inability to improve trading performance What are the expected outcomes of a Receivership?: An independent person controls and manages company assets to recover debt for a secured creditor Potential to continue to trade on the company and sell the business in some circumstances Usually concludes when the receiver has collected and sold all of the assets or enough assets to repay the secured creditor, completed all their receivership duties and paid their receivership liabilities. The receiver resigns or is discharged upon completion. Unless another external administrator has been appointed, control of the company and remaining assets return to the directors.
How can we help? We have proven success working with banks, lenders and company directors to assist throughout a receivership.
Members Voluntary Liquidation A Members’ Voluntary Liquidation occurs when a company’s members no longer wish to continue trading or have sold their business and wish to wind down and distribute the company’s surplus assets. To qualify, the company’s directors must be able to confirm that the company can meet its financial obligations within 12 months after the winding up of the company has been initiated. A Members’ Voluntary Liquidation is commonly used when members of a company wish to make tax effective use of the company’s assets or to independently resolve disputes between directors and shareholders. Below is a table that summarises the different tax treatments of distributions made by a Liquidator compared to the company’s directors:
How can we help?
We can ensure the right approach is adopted and can provide assistance to clients considering a Members Voluntary Liquidation.
Equity
Ordinary Course Distribution (Tax Treatment)
Liquidator’s Distribution (Tax Treatment)
Paid Up Capital
Capital
Capital
Retained Earnings
Dividend
Dividend
Pre-CGT Capital Profit Reserves
Dividend
Capital
Post-CGT Capital Profit Reserves
Dividend
Dividend
What are the benefits of a Members Voluntary Liquidation? Capital distributions from a Liquidator either have no tax payable or the member may be able to access various CGT concessions The cost of a Members’ Voluntary Liquidation (if paid by shareholders) is deductible in the shareholder’s income tax return; and By the time a potential liability claim is identified, the company may have already been dissolved and it is unlikely that any further action would be undertaken.
What sets us apart? We are committed to understanding individual circumstances & exploring key concerns to provide solutions. Our effective communication, responsiveness and ease of doing business is what sets us apart.
Cou r t L i q u i d a t i o n A court liquidation is a type of insolvency that requires an application to the Court by creditors, company members or other interested parties to wind up a company due to unpaid debts.
Turnaround management involves the review and analysis of a company to determine why it may be failing or in financial distress.
A liquidator is appointed by the Court in order to realise the company’s assets and distribute funds to creditors. The liquidator will investigate the company’s affairs and report any offences and other relevant matters to shareholders.
What causes Turnaround Management?
What causes a Court Liquidation? Non-payment of debts to stakeholders, causing interested parties to apply to the Court in order for the company to be wound up Recovery actions by the ATO and Directors’ Penalty Notices (DPNs) On-going losses and inability to improve trading performance Directors, shareholders or investor disputes Directors at risk of insolvent trading When creditors become concerned that assets are being removed from the company What are the expected outcomes of a Court Liquidation?
How can we help?
We ensure the appropriate investigations are undertaken and the best possible outcome is achieved for our clients.
Tu r n a rou n d
Once all company assets are realised, investigations are complete and distributions to creditors are made, the liquidator will apply to ASIC to deregister the company Creditors will no longer have any claim against the company and the company will no longer exist Secured creditors are still able to exercise their rights Certain transactions can be recovered by a liquidator for the benefit of all creditors
Changes in market conditions putting a company at risk New competing products in the market that put existing business activity at risk Major failure in business control and management systems Management does not have the skill set to continue and often business is already strained due to past activity What are the expected outcomes of Turnaround Management? Comprehensive company led turnaround plan that will be used to ensure the continued support from all key stakeholders Continued support and assistance with negotiations and execution of the turnaround plan in addition to mentoring the board and senior management team Understanding the finance options available to the company Manage and overcome business threats and weaknesses Improvement in business control and management Build and develop on existing strengths
How can we help? SV Strategic Solutions specialises in areas of turnaround management and business improvement for SMEs and are able to adapt specific solutions to fix a crisis. Our main focus is the long-term running of the business and improvement of business performance.
Personal Insolvency More than 25,000 individuals enter personal insolvency per year on average. Unfortunately, it is not uncommon for people to ignore the signs of financial distress and consequently find themselves worse off than if they were to seek professional advice early.
Creditors Voluntary Liquidation A creditors voluntary liquidation (CVL) occurs when the company’s members determine that the company can no longer satisfy its debts and is likely to become insolvent or is insolvent.
When an individual can no longer pay their debts and are receiving letters of demand and writs from creditors, debt collectors and solicitors, time is essential when looking for a solution.
A creditors voluntary liquidation allows for the winding up of a company’s affairs without the need for Court intervention. This type of insolvency provides for an orderly realisation and distribution of a company’s assets among its creditors and investigations as to why the company failed.
Our Services:
What causes a Creditors Voluntary Liquidation?
Bankruptcy Personal Insolvency Agreements Administration of Estates of Deceased Persons Part XI Statutory Trustee
A creditors voluntary liquidation can occur at the end of a voluntary administration if creditors vote for a company to be liquidated or a deed of company arrangement (DOCA) has been terminated When an insolvent company’s shareholders agree to liquidate the company and appoint a liquidator
Financial hardship can be triggered by many factors. Yet, no matter how it occurs, it is important to recognise financial difficulty early.
Recovery actions by the ATO and Directors’ Penalty Notices (DPNs) cause pressure on company directors
Every situation is different and our team ensure that all options in navigating through debt relief are understood. We firmly believe bankruptcy is the last resort and will work to find alternative solutions for our clients.
Directors become at risk of insolvent trading What are the expected outcomes of a Creditors Voluntary Liquidation? Once all assets have been realised, investigations are completed and distributions to creditors are made, the liquidator will apply to ASIC to deregister the company Creditors no longer have any claim against the company
How can we help? We operate as one of the largest Bankruptcy Practices in Australia and if bankruptcy occurs, we provide objective, practical and expert advice.
How can we help? We act as an independent third party to ensure to the Creditors Voluntary Liquidation process is conducted appropriately.
Voluntar y Ad m i n i s t ra t i o n A voluntary administration (VA) is an insolvency process that aims to resolve the company’s future as quickly as possible.
Bankruptcy is a legal process that provides protection to people who are unable to repay their debts or reach a suitable arrangement with creditors.
When company directors suspect their company is or may become insolvent, an administrator should be appointed promptly in order to maximise the chances that the business will survive.
We believe bankruptcy is the last resort, although in some instances, may be the most suitable avenue that allows a client to be released from most debts.
What causes a Voluntary Adminstration? The company directors suspect the company is likely to become insolvent
What causes Bankruptcy? A situation where an individual is unable to pay all their debts
A secured creditor who is entitled to enforce a security interest over the company’s property, appoints a voluntary administrator Pressures from creditors demanding payments for debts and company directors are at personal financial risk of insolvent trading Pressures from the banks or secured creditors demanding payment Disputes between directors or shareholders What are the expected outcomes of a Voluntary Adminstration?
How can we help? Our experts have considerable experience in Voluntary Administration matters across a range of industries and businesses.
B a n k r u ptc y
Allows the company breathing space to deal with creditors and prepare a proposal to give the best return to stakeholders May allow a company to stay out of liquidation An independent person reviews the company’s affairs and deals with the pressures of creditors Reduces the possibility of secured creditors proceeding against the assets of the company At the end of the administration, the company usually enters into a Deed of Company Arrangement (DOCA)
An individual’s personal guarantees provided for company debts are called up A situation where an individual receives letters of demand, writs and/or bankruptcy notices from creditors, debt collectors or solicitors When a creditor is experiencing non-payment of a debt, dishonoured payments, trading terms extended or not met by the individual What are the expected outcomes of a Bankruptcy? A Registered Trustee is appointed and manages the bankruptcy The Trustee recovers and sells assets for the benefit of the creditors Relief is provided to the individual in bankruptcy from debt problems and extinguishes existing debts The ability for the indiviual to start life afresh after bankruptcy, free from debt
How can we help? Our role is to help provide objective and practical solutions to the situation in order to provide relief from debt and financial pressures. We endeavour to make the bankruptcy process as transparent and manageable as possible.
Personal Insolvency Agreement A personal insolvency agreement (also known as Part X or Part 10) is a formal arrangement for a debtor to deal with their creditors by making a proposal in satisfaction of their debts. This option can be feasible for a debtor that does not meet the eligibility requirements of a debt agreement because their assets and liabilities are considered too great. What causes a Personal Insolvency Agreement? A situation where an individual cannot pay all their debts
Co rp o rate In solven c y On average, more than 10,000 businesses in Australia experience insolvency per year. There are a diverse range of factors that can contribute to a business facing insolvency including but not limited to poor cash flow, trading losses and poor strategic management. If a company is unable to meet its liabilities, the directors must decide what action to take to maximise the return to creditors, while also avoiding the possibility of insolvent trading, which can make them personally liable.
A situation where an individual receives letters of demand, writs and/or bankruptcy notices from creditors, debt collectors or solicitors
We have worked on a range of cases, many of them unique, most of them complex. In the vast majority of these matters, we are able to act quickly and determinedly, focusing on restructure, turnaround and ongoing risk management.
An individual’s personal guarantees provided for company debts are called up
Our Services
A Personal Insolvency Agreement can occur in lieu of bankruptcy What are the expected outcomes of a Personal Insolvency Agreement? The individual debtor is relieved from debt problems and is able to extinguish existing debts Creditors are often provided higher and quicker dividends than under a bankruptcy A binding agreement between all parties, however, the arrangement can be flexible
Voluntary Administration
Receiverships
Creditors Voluntary Liquidation
Members Voluntary Liquidation
Court Liquidation
Turnaround Management
SV Partners’ broad range of expertise extends across industries including but not limited to Retail, Manufacturing & Wholesale Trade, Transport & Logistics, Building & Construction, Agriculture, Hospitality & Tourism, Finance and Professional & Administrative Services.
The impact on a debtor’s credit rating is less severe than if the debtor was to be made bankrupt
How can we help? Our role is to address a personal insolvency situation with the advice and skills required before it gets out of control. We will report to creditors and structure a proposal based on our investigations, guiding the client thorough each step of the process.
How can we help? Our longstanding relationships with key bodies across a wide array of industries means we can provide the most comprehensive advice to clients and ensure the best possible outcome is achieved in each matter.
In s o l ve n c y We are not only technical experts, we take a sensitive but commercial approach to our work. SV Partners’ approach to insolvency services focuses on recovery and reconstruction. We also operate one of the largest private Bankruptcy Practices in Australia. Corporate Insolvency SV Partners can provide a range of options to companies in financial distress. Voluntary Administration
Receiverships
Creditors Voluntary Liquidation
Members Voluntary Liquidation
Court Liquidation
Turnaround Management
Personal Insolvency SV Partners can provide a range of options to individuals in financial distress. Bankruptcy Personal Insolvency Agreements Administration of Estates of Deceased Persons Part XI Statutory Trustee
Solutions for Every Situation SV Partners take great pride in providing a thoughtful, tailored approached to each matter. Every situation is different and our team ensure that clients understand all of their options in navigating through debt relief.
Ad m i n istration of E states SV Partners understands the loss of a loved one can be a difficult burden to carry, more so when the Estate has insufficient assets to pay any debts owing. Our aim is to deal with such matters in a professional and respectful manner, providing the best possible outcome for all parties concerned. What causes an administration of a deceased estate (Part XI)? An individual that is insolvent passes away, leaving unresolved debt The deceased estates become insolvent due to debts incurred by the legal personal representative of the deceased estate A creditor of the deceased estate or the administrator, executor or legal personal representative of the deceased estate wants to bankrupt a deceased estate An order for the administration of a deceased insolvent estate can only be made by the Federal Circuit Court or the Federal Court What are the expected outcomes of an Administration of Estates of Deceased Person (Part XI)? Potential realisation of assets of the deceased estate and proceeds be divided equitably
amongst creditors
If administered by a Trustee; investigations, reviewing creditor claims, reporting to creditors and paying dividends Independent Trustee may set aside voidable transactions and potentially increase the value of the Estate
How can we help?
SV Partners can conduct independent investigations and administer the deceased estate in a sensitive and understanding manner.
Sta t u to ry Tr u s te e A Statutory Trustee is a person or persons appointed by the Court for the purpose of selling real property in the event where a dispute arises between one or more co-owners over the sale of a property or where one party cannot raise sufficient funds to pay out the other party’s interest in the property. What causes a Statutory Trustee? This occurs when one of the co-owners is bankrupt and the other is not. If the non-bankrupt coowner is unable to raise sufficient funds to purchase the bankrupt estate’s interest in the property, or does not agree to a joint sale of the property, the Trustee may consider an application to Court for the appointment of a Statutory Trustee to sell the property, regardless of whether the nonbankrupt co-owner agrees. What are the expected outcomes of the appointment of a Statutory Trustee? Quantify the amounts owing to any creditors who hold security over the property (e.g. mortgagees, caveators, etc.) Determine the respective ownership interests in the property
How can we help? SV Partners have the required experience and qualifications to act as the Statutory Trustee in situations of disputes between parties over assets.
Obtain vacant possession of the property Undertake a marketing campaign for the sale of the property
Fi n a n cial Stress Ad v ice Businesses can be impacted by a variety factors, both in and out of their immediate control. From economic conditions and legislative changes to shifts in market trends. These can all have significant implications for the sustainability of a business. There are significant consequences for company directors who may face potential legal, financial and reputational risk for failing to ensure a business does not trade insolvent. What are indicators of Insolvency? Continuing losses Overdue taxes Not being able to obtain further finance from your existing or alternative banks Not being able to produce timely and accurate accounts Not paying your creditors within agreed trading terms
Making rounded payments not against specific invoices Threats of legal action or legal action for debt recovery Suppliers placing your business on COD or demanding payment before further supply is made or demanding payment plans
Pay out the valid security interests held over the property Distribute the balance of funds held after payment of the selling costs to the property owners
How can we help? Our team of experts act quickly and decisively to conduct a solvency review. We can then advise the best way to proceed - refinancing, restructuring, re-aligning the company’s activities or appointing an external administrator.
Executive Directors Our Executive team have in excess of 70 years cumulative experience, each having developed their own specialisations throughout their varied careers.
“ The nature of business in Queensland means we’ve developed significant experience across engagements in key industries including Building & Construction, Tourism & Hospitality, Retail and Professional Services. ”
David Stimpson Queensland
David leads a team of over 60 staff and specialises in the building industry. With a network of industry experts he can call on, David and his team have been involved in engagements across Queensland and have conducted a number of large building administrations.
Jason is a specialist in complex corporate insolvency matters and bankrupt estates and leads a team of 25 in New South Wales. His team have been involved in trade-ons, liquidations, complex investigations and matters with national media attention. Jason Porter New South Wales
Our technical expertise allow us to take a commercial but sensitive approach to our work. We approach assignments with a critcal mindest and professional scepticism.
“ The diversity of industry in Victoria means our team has acquired experience in dealing with a variety of businesses across Retail, Manufacturing, Construction, Agriculture and Professional Services. ”
Michael Carrafa Victoria
SV Voidables is a national first service offering, providing support services in recovering or defending voidable transactions. Typically, a voidable transaction can arise where you receive monies for services rendered or goods supplied or you purchase an asset from a business, at a time when: The business was insolvent you knew, or should have reasonably known, that the business was insolvent Our national presence and extensive experience uniquely places us to provide specialist consulting services to liquidators, lawyers, accountants and their clients to recover or defend voidable transaction claims. Litigation Support
“ With Sydney serving as a base for many large organisations, we have been exposed to complex matters across the Retail, Hospitality, Transport, Finance and Manufacturing sectors. ”
How can we help?
S V Voidables
Leading a team of 29, Michael specialises in retail and construction, having conducted a number of administrations requiring the company to trade on with a view to sale. The team have experience dealing with complex matters across Victoria including liquidations, receiverships, voluntary adminstrations and more.
Through our innovative approach to road mapping voidable claims, we provide strategic and tactical dispute resolution services, expert and shadow expert services, solvency or insolvency expert reports and defence analysis.
Voidable Mitigation Consulting We apply a forensic due diligence to internal controls and documented trading terms and conditions to mitigate you or your clients exposure to possible voidable transactions.
Voidable Recovery Investigations Investigative or due diligence reports provide recommendations or opinions on the identification and potential recoverability of voidable transaction claims.
How can we help? If your client has received a demand from a Liquidator or Registered Trustee in Bankruptcy
for repayment of monies, we can help. Our investigative role is to mitigate losses should such a demand be received.
Fo re n s i c s
A b o u t Us
SV Partners Forensics is a leading forensic accounting division that brings unsurpassed professional and technological expertise to each assignment.
When SV Partners was established in 2003, it was with a vision to provide expert and focused accounting services to fellow accountants and lawyers, and their clients.
Forensic accounting relates to matters that are, or likely to, come before a Court. Forensic accountants serve as independent expert witnesses, providing critical evidence to assist the Court deciding the matter before it. Business & Entity Valuations SV Partners provides business valuation reports for family law, commercial litigation and for general appraisal purposes. Commercial & Insurance Litigation SV Partners’ commercial litigation services aim to assist parties to understand complex financial and accounting related aspects of the matter at hand. We are experienced in dealing with complicated business issues that may lead to litigation, mediation or arbitration.
How can we help? Our team provide highly skilled advice, producing reports that provide a different view to the problem at hand. Experienced in most jurisdictions, our expert reports make complex issues easier to understand.
Since then, we have built a reputation as a firm that exceeds expectations, provides first class service and strives to deliver the very best for our clients. We do this by being transparent in all our dealings and holding ourselves to the highest professional standards.
SME Due Diligence Before buying or selling a business, it is important to seek advice from an independent specialist allowing you to make an informed decision.
Our values of respect, service and teamwork reflect the way we do business with our clients, work with our employees and how we approach the wider community.
Personal Injury Assessments
With 17 offices and over 150 highly skilled and passionate staff across Australia, we possess extensive experience across all types of engagements and across a multitude of industries.
In the event of injury or death, our team of experts are able to conduct personal injury economic loss reports providing a detailed assessment of the potential economic loss suffered from that event. Investigative Services At SV Partners, we approach investigative assignments with a critical mindset and professional scepticism. Opinions are only expressed where specifically requested.
Terry van der Velde MANAGING DIRECTOR
We continue to evolve and grow, driven by our vision and commitment to provide access to the highest quality specialised services, ensuring we are well placed to continue delivering on this vision, now and well into the future.
Solutions for Every Situation
SmartFee helps businesses pay invoices issued for professional fees over a monthly instalment plan. We do this by funding the invoice, so your firm gets paid up front (by SmartFee) for the total amount of the invoice and the business owner pays the total amount owed on the invoice over a monthly set schedule. Why use SmartFee? No cost to firm & no lock in contract Simple transparent online signup process for clients Full invoice payment to firm within 3 business days of client making their first instalment No application or administration fees
Approval within 1 business day for client Free ongoing training and support Dedicated Customer Relationship Manager to look after client accounts and minimise potential missed payments, including reminder communications
How does it work? The client receives a tax invoice from their accountant or lawyer The firm completes a simple online application with their client SmartFee confirms the application details Full invoice is paid to the firm by SmartFee Client pays off their invoice in instalments over a 3-12 month period
Established in 2003, SmartFee is part of the SV Partners Group of Companies.
Ou r O f f i ce s Adelaide t 08 7077 2444 e adelaide@svp.com.au
Brisbane t 07 3310 2000 e brisbane@svp.com.au
Caringbah t 02 9531 8365 e caringbah@svp.com.au
Dubbo t 02 6882 8995 e dubbo@svp.com.au
Gold Coast t 07 5503 4960 e goldcoast@svp.com.au
Hobart t 03 9669 1100 e hobart@svp.com.au
W hy We’re Dif ferent At SV Partners, we’re different. Not just because our people are different, but because we approach our work with a perspective different from our competitors. We’ve honed our approach to set ourselves apart, providing expert advice with a human touch. Agile We adapt to the changing needs of our industry and our clients in order to provide the most up to date and effective solutions. Cost Conscious We understand that each business is unique and requires timely and cost effective solutions. That’s why we offer a free initial consultation and are transparent around potential outcomes and costs.
Mackay t 07 4953 4060 e mackay@svp.com.au
Melbourne t 03 9669 1100 e melbourne@svp.com.au
Newcastle t 02 4023 0847 e newcastle@svp.com.au
Parramatta t 02 8986 8986 e parramatta@svp.com.au
Perth t 08 6277 0026 e perth@svp.com.au
Rockhampton t 07 4994 1854 e rockhampton@svp.com.au
Accessible With our national presence in metropolitan and regional areas and direct access to Directors across our business, we have the resources to successfully meet the needs of all engagements, including those which extend across borders.
Sunshine Coast t 07 5414 3000 e sunshinecoast@svp.com.au
Sydney t 02 8986 8986 e sydney@svp.com.au
Tamworth t 02 6768 3399 e tamworth@svp.com.au
Responsive We make ourselves available at all times, ready to support and guide at each step. Our solutions are designed to help and we take the time to listen to the needs of our clients and share our knowledge and expertise openly.
Toowoomba t 07 4639 6140 e toowoomba@svp.com.au
Wollongong t 02 4227 4086 e wollongong@svp.com.au
The Professional’s Partner SV Partners was established in 2003, with a vision to provide expert and focused accounting services to accountants, financial institutions, corporations, financial and legal advisors, and their clients. With our staff of over 150 and offices in metropolitan and regional areas in Queensland, New South Wales, Victoria, South Australia, Tasmania and Western Australia, we are well positioned to provide the expertise that comes from being a national firm while delivering the high level of service expected from a local professional. We strive for excellence in delivery of our expertise, having built lasting relationships across the industry by taking a commercial but sensitive approach to our work. Our objective is to provide a suite of professional services to other professionals, allowing them to enhance their services to their clients and concentrate on their core business. Complementing our core service offerings are our affiliate businesses: SmartFee is a fee funding service developed by accountants for professionals and their clients. SmartFee offers payment options that enable business owners to spread the cost of their accounting fees over periodic instalments. The SmartFee relationship driven service means our clients can get the solutions they need, when they need it, without the possibility of cash flow restrictions. smartfee.com.au
SV Strategic Solutions work with SMEs and Family Owned Businesses offering business improvement strategies throughout the following services; Business Diagnostic, Comprehensive Business Planning and Growth Strategies, Business Performance and Improvement, Investment Readiness and Exit Planning, Coaching, Mentoring and Board of Advice and Turnaround Management. svstrategicsolutions.com.au
Are you concerned about your client’s financial position? Contact us now for an obligation free consultation.
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Confidential Assist Line: 1800 246 801 contact@svp.com.au svpartners.com.au
About Us
Our Solution Suites
SV Partners provide a comprehensive suite of services for professionals and their clients encompassing insolvency accounting, forensic accounting, turnaround strategy advice, fee funding and expert management consulting
The Professional’s Partner