Advise Max and Majorie regarding the advisability of getting a loan from the bank to 'to them over'
Xtreme Thrills Pty Ltd is an adventure tourism company. The company brochures detail experiences such as four-wheel drive trips through the Australian outback, snorkelling with whale sharks, zip- lining and white-water rafting - all necessary equipment and safety gear provided'. Max and Marjorie are the directors of Xtreme Thrills, and the shareholders are Max (35%), Marjorie (35%), Alan (15%) and Sam (15%). The company owns expensive assets to conduct its business, for example Luxury four-wheel drive vehicles, speed boats, harnesses, diving equipment, safety equipment, etc. Finbank provided a loan to Xtreme Thrills Pty Ltd to fund purchase of these assets and obtained a security interest over the assets to secure repayment of the loan. Finbank ensured to comply with all the requirements of the Personal Property Securities Act 2009 (Cth), including perfecting their security interest by registering the security interest on the Personal Property Securities Register. Xtreme Thrills Pty Ltd lost the services of its accountant 18 months ago and Max and Marjorie (who thoroughly enjoy participating in extreme adventures with their clients) haven't had time to find a replacement for the accountant. However, they make sure to keep all invoices, receipts, bank statements together in a big box, to be able to provide these documents to a new accountant when they get around to appointing someone else. The absence of an accountant causes the company to fall behind with lodging tax returns and makes it challenging to keep track of finances. As a result, Max and Marjorie only realise that the company is experiencing cash flow problems when creditors start getting irate about not being paid regularly. Finbank in particular is getting concerned about the fact that the company has fallen in arrears with loan repayments. A series of unfortunate accidents resulting in serious injuries to some of Xtreme Thrills clients does a lot of harm to the company's reputation. Due to these events bookings for adventure tourism with this company drop suddenly and significantly. Max and Marjorie are sure that tourism will pick up again and that the company can could be come a successful concern once that happens, but are concerned about the fact that creditors are threatening to 'liquidate the company. They are considering getting a loan from the bank to 'tie them over' in the meanwhile, but decide to approach you for advice before they do that. Advise Max and Marjorie regarding the advisability of getting a loan from the bank to 'tie them over