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Restassured Pty Ltd ('Restassured') has for some time been a successful family company which manufactures coffins for burial. Over the years, Restassured has borrowed money
Restassured Pty Ltd ('Restassured') has for some time been a successful family company which manufactures coffins for burial. Over the years, Restassured has borrowed money from Friendly Bank to fund expansions or other business projects such as its biocompostable coffins project, and the company also has a revolving overdraft facility from the Bank. Friendly Bank holds a security interest over all the present and after-acquired property of Restassured as security for the loans and overdraft facilities. (Assume this security interest has been properly perfected through registration on the PPSR.) The security agreement provides that the Bank can appoint a receiver or enter into possession if there is an 'event of default'. The list of these events includes where the Bank calls upon any overdraft debt to be immediately repaid, or there is default on any instalments on any loan. In 2020, the company suffered a downturn in profits, largely due to COVID-19 and the increased cost of employing staff to work in their business and imported items required for their coffins which fluctuated due to world currency prices. As at 1 May 2021, Restassured owes Woodmills Ltd, its major supplier of wood, $15,000, which it is unable to pay. This amount has varied but has been around $15,000 for the last 6 months. Nonetheless, the company has continued to order more wood from Woodmills Ltd (which Woodmills Ltd has invoiced for), since the directors hope the company will be able to trade out of its problems and return to its previously healthy state.( The company's financial records are not complete, so the directors can only hope that this is the case). Restassured owes employees $20 000 in wages and other entitlements. Friendly Bank has now found out about the company's poor performance and is very nervous about whether it will be repaid its loan. It has demanded repayment of the overdraft debt which stands at $100 000, and the company is in default on a further $50 000 of loan instalments as at 1 May. Friendly Bank approaches you as business adviser to ask for your advice on: What Friendly Bank can do to recover the money it has loaned to Restassured? What conditions have to be satisfied? Can the directors appoint an administrator and should they, and if so, what what would the process be? How would this appointment (VA) affect the Bank? Can the directors appoint a small business restructuring practitioner, and should they, and if so what would the process be
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