We can no longer pay our creditors, should we liquidate or try something else?
  • Home
  • Questions
  • We can no longer pay our creditors, should we liquidate or try something else?

We can no longer pay our creditors, should we liquidate or try something else?

1 answer

Answer to the question

0
0
0

11.08.2026

Our company has fallen behind on supplier invoices and tax, and I am the sole director. I do not want to make things worse or face personal liability. What are the options besides simply closing the doors, and when do I need to act?

Site Administration 16.08.2026
reply date: 16.08.2026

You should get advice from an insolvency practitioner and a lawyer immediately, because directors are exposed to personal liability for reckless trading once a company is clearly insolvent. The main options under the Companies Act 1993 include a compromise with creditors, a voluntary administration under Part 15A, where an independent administrator investigates the company and proposes a deed of company arrangement, or a liquidation, which winds the company up and distributes assets. Sometimes an arrangement with major creditors such as Inland Revenue can preserve the business. Delay usually worsens the position. Record decisions carefully, avoid preferring some creditors over others and do not transfer assets cheaply, since a liquidator can challenge those transactions. Personal guarantees you gave to lenders or landlords remain enforceable even if the company fails.

Похожие вопросы

What legal duties do I have as a company director?

1 answer
05.07.2026
I recently became a director of a family-run company and did not realise it came with legal obligations of its own. Nobody explained what I am personally responsible for. What are the main duties of a director in New Zealand, and can I be held personally liable?
0
0
0

Can a company simply ignore its own constitution?

1 answer
27.07.2026
The board of my small company made a decision that appears to conflict with the company's constitution, and when I raised it I was told that the directors know what is best. Are directors allowed to override a constitution, and what can a shareholder do?
0
0
0

A creditor has served a statutory demand on my company

1 answer
13.08.2026
We received a statutory demand for a debt we believe is disputed, and it says we have a short time to pay or face liquidation. I have never dealt with one before and I am panicking. What does a statutory demand mean and what can we do?
0
0
0

Should I set up a company or stay a sole trader?

1 answer
22.07.2026
I have been freelancing as a sole trader for a couple of years and my income is growing. An accountant friend suggests incorporating, but I am worried about paperwork and cost. What are the real legal differences between a sole trader and a limited liability company in New Zealand?
0
0
0

How do I remove a director who is not pulling their weight?

1 answer
20.08.2026
My co-director is rarely available, misses meetings and is not contributing, but is also a shareholder. I would like to remove them from the board. What is the process and do I need their agreement? I have never dealt with anything like this before and would like to understand my options clearly.
0
0
0
Show all