Facing financial distress can be a daunting experience. Things can escalate quickly, impacting businesses, creditors, directors, and shareholders alike.
Without professional advice, you risk making decisions that could lead to voidable transactions, breaches of directors’ duties, or unfavourable outcomes in insolvency litigation.
However, with the right guidance, navigating insolvency law becomes manageable.
At Evolution Lawyers, our experienced restructuring and insolvency team is dedicated to providing clear, effective solutions for companies and individuals in Auckland and all over New Zealand.
We have significant experience in all aspects of insolvency law, ensuring our clients receive tailored solutions to protect their interests and achieve the best possible outcomes.
Whether you need assistance with corporate insolvency or advice on directors’ duties or rights as a creditor of a company, our team at Evolution Lawyers is here to help.
Our Insolvency Services
Our insolvency team regularly acts for companies, directors, creditors, and debtors alike, providing comprehensive legal assistance across all areas of insolvency and restructuring. Our services include the below.
Corporate Insolvency
Navigating the complexities of corporate insolvency requires expert legal advice. We assist companies with putting companies into liquidation or receivership, ensuring compliance with the Companies Act 1993.
Restructuring and Insolvency Advice
Our restructuring and insolvency team provides strategic advice to businesses facing financial challenges. We help with debt restructuring, negotiating with creditors and developing practical solutions to safeguard your company’s future.
Directors’ Duties
Understanding and fulfilling directors’ duties during insolvency is critical. We advise directors on their legal obligations to avoid personal liability and ensure compliance with statutory requirements under the Companies Act 1993.
Liquidation and Receivership
When liquidation or receivership becomes necessary, our team guides you through the process, protecting your interests and mitigating risks. We work closely with insolvency practitioners to achieve efficient outcomes, ensuring compliance with the Companies Act 1993 and Receiverships Act 1993.
Advising Creditors
Our lawyers have significant experience advising secured and unsecured creditors on their rights and recovery options in insolvency scenarios. From voidable transactions to disputes, we offer practical assistance to safeguard your position.
Voidable Transactions and Insolvency Litigation
Voidable transactions and disputes often arise in insolvency cases. Our insolvency lawyers have extensive experience in insolvency litigation, ensuring our clients receive robust representation to protect their interests.
Assisting Businesses in Financial Distress
For businesses facing financial distress, we provide holistic support to navigate challenging times. From advising on restructuring to assisting with debt negotiations, our team is committed to delivering effective solutions tailored to your needs.
Speak to Us About Your Insolvency Matter Today
At Evolution Lawyers, we combine significant experience with a client-focused approach to deliver effective insolvency solutions.
Our Auckland-based restructuring and insolvency team is committed to providing expert legal assistance to safeguard your business and personal interests. Whether you are a company director, creditor, or debtor, we offer practical, results-driven advice tailored to your needs.
Contact us today to speak to our insolvency lawyers and take the first step towards resolving financial challenges effectively.
Meet the Team
Our Client Testimonials
We Are Located in the Heart of Auckland
Commonly Asked Questions About Insolvency
What is corporate insolvency?
Corporate insolvency refers to situations where a company cannot pay its debts as they fall due. This can lead to processes like liquidation or statutory management.
What are voidable transactions?
Voidable transactions are payments or transfers made by an insolvent company that may be reversed to benefit creditors. The appointed liquidator is able to unwind these transactions.
What are the duties of directors during insolvency?
Directors must act in the best interests of the company. This includes the duty to avoid reckless trading, incur obligations which cannot be fulfilled, act in good faith, and to exercise care.
Can insolvency lawyers help with restructuring?
Yes, our insolvency lawyers assist businesses in restructuring debts, negotiating with creditors, and implementing strategies to regain financial stability.
How can secured creditors protect their rights in insolvency?
Secured creditors can enforce their security interests and recover debts through legal processes. Our team advises secured parties on their rights and options.
When is liquidation the best option?
Liquidation may be necessary when a company cannot continue operating due to financial insolvency. Our team assesses each situation to determine the most appropriate course of action.
Can directors be held personally liable during insolvency?
Yes, directors can be personally liable if they breach their duties or engage in reckless trading while the company is insolvent. We provide advice to mitigate this risk.