Turnaround & Insolvency/Deed of Company Arrangement
The plain-English guide

What is a Deed of Company Arrangement (DOCA)?

It's the deal that lets a company walk out of voluntary administration alive: creditors agree to accept less than they're owed, and the business gets to keep trading. Here's how it actually works — and the catch that decides whether it saves the company or just delays the funeral.

A Deed of Company Arrangement — "DOCA", pronounced "docker", which is why you'll hear it both ways — is a binding deal between a company and its creditors, struck during voluntary administration. The company's debts get compromised: creditors agree to accept less than the full amount, and in return the company survives.

Think of it as the alternative to liquidation. Instead of selling everything and shutting the doors, the company says to its creditors: "Here's what we can genuinely pay — as a lump sum, or over time. It's more than you'd get if we folded. Take it, and we live to keep trading."

A DOCA, at a glance
Where it happens
Inside voluntary administration — the company goes into administration first
Who proposes it
Usually the directors, put to creditors through the administrator
How it passes
Creditor vote — majority by number and by value of debt. The ATO's vote usually decides it
What it does
Compromises the old debts; control of the company returns to the directors
If it fails
The company is typically wound up — the DOCA vote is genuinely live-or-die

How the process actually runs

  1. Voluntary administration begins. Directors appoint an administrator — which, done inside 21 days, also remits a non-lockdown Director Penalty Notice. The administrator takes control and investigates.
  2. The DOCA is drafted. Working with the administrator, you put together the proposal: what's in the pot for creditors, where the money comes from (trading profits, an investor, asset sales, director contribution), and over what timeframe.
  3. Creditors vote. At the second creditors' meeting — usually about five weeks in — creditors vote. It takes a majority by number and by value of debt. Since the ATO is usually the biggest creditor in the room, the proposal has to be credible to them.
  4. Control returns. If it passes, the deed is signed, control of the company comes back to the directors, and the old debts are dealt with on the deed's terms. The company trades on.

What it means for you as a director

Your non-lockdown DPN is dealt with by the appointment itself — that's the urgent part handled. Your personal guarantees survive. A DOCA binds the company and its creditors; it doesn't release guarantees you've signed personally, and it doesn't touch a lockdown DPN. Anyone telling you otherwise is selling something.

Your credit file and supplier relationships take a hit, and the ATO watches companies that come out of a DOCA closely. The fresh start is real — it comes with a shorter leash.

"A DOCA buys the company a second life. What it can't buy is a different outcome — that's decided by what the directors do with the second life."

The catch nobody mentions

Here's what years of this work teaches you: a DOCA fixes the balance sheet, not the business. The debts that get compromised weren't bad luck — they built up because of how the company was being run. The pricing that didn't cover overheads. The tax money quietly used as working capital. The decisions that never got made.

Hand the company back with a clean balance sheet and the same habits, and you've got a business on a longer fuse to the same explosion — and the second time, creditors and the ATO are far less patient. We've watched it happen too many times to be polite about it: it's painting a sinking ship.

A DOCA done properly is a powerful tool — one half of a turnaround, not the whole thing. The other half is rebuilding how the business runs and how it's led, so the restructured company doesn't sail straight back onto the rocks. That's the work we stay for.

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Weighing up a DOCA?

Whether a DOCA is the right call depends on your real numbers — and whether the business underneath them is worth saving. One confidential conversation and you'll know where you stand, including when the honest answer is liquidation.

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General information only — not legal, financial or tax advice, and not a substitute for advice on your specific circumstances. Sovryn Consulting is a business advisory and turnaround consultancy, not a registered liquidator or restructuring practitioner. Where a formal insolvency appointment is required, we work alongside appropriately registered practitioners.