Urgent Short Term Loans When a Receiver or Administrator Is Appointed

Pay out the lender that appointed a receiver, or buy property from a receiver or administrator

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When a receiver or administrator is appointed, the directors lose control of some or all of the company's decisions, and the creditors' meetings fall within weeks. A loan can still help: paying out the lender that appointed a receiver, for example, or buying property a receiver or administrator is selling. We can fund in as little as 24 hours once the loan documents are signed.

We are a lender, not an insolvency practitioner, and we do not give insolvency advice. Your accountant, a registered liquidator or your solicitor can advise you on the appointment itself.

Who controls the company

  • •In a receivership, the receiver has power to borrow on the security of the property it was appointed over
  • •In voluntary administration, the administrator controls the company, and the directors cannot use their powers
  • •Under a deed of company arrangement, the deed's terms decide who can act for the company
  • •We lend to companies, never to a director personally, and we need to learn your scenario in full before we issue terms

What the loan can fund

  • •Paying out the secured lender that appointed a receiver
  • •Buying property from a receiver or administrator
  • •A refinance once the company returns to the directors' control

Administration deadlines

  • •The administrator must hold the first creditors' meeting within 8 business days of appointment
  • •The second meeting, where creditors decide the company's future, is held within 25 business days, or 30 around Christmas or Easter
  • •If creditors approve a deed of company arrangement, the company must sign it within 15 business days, or it goes into liquidation

How a receivership loan moves

  1. First call. Tell us who has been appointed, what property is involved and what the loan is for. We confirm with your lawyer who needs to sign.

  2. Valuation. We value the property, with access arranged through the receiver, administrator or owner.

  3. Approval. The borrowing company agrees the terms and signs the letter of offer.

  4. Settlement. Funds are paid at settlement, within 24 hours of signing.

Information we need

  • •The appointment documents and the appointee's contact details
  • •The secured lender's payout figure, if it is being paid out
  • •The proposed deed of company arrangement, if there is one
  • •Details of the property offered, and who owns it
  • •The repayment plan

Loans that suit a receivership or administration

Loan terms in a receivership or administration

Loan featureDetail
Loan sizeFrom $250,000, with larger loans assessed case by case
Interest rateFrom 9.7% p.a. on a first mortgage, from 11.95% p.a. on a second mortgage
Term1 to 24 months, interest only
Maximum LVR70% of the property value, including any existing mortgage
SecurityA first or second mortgage over property the company owns, or over a director's own property, with the company as the borrower
SettlementFrom 24 hours once the person with authority signs

Repaying the loan

Repayment usually comes from a sale of the property, or from a bank refinance once the company is back under the directors' control after a deed has been completed. Where a director's own property secures the company's loan, it may come from a sale of that property. We agree the plan before settlement.

A receivership loan we funded

“In a receivership or administration, the first question is always who can sign. Once we know that, the lending itself is familiar: we value the property and look at how we will be repaid. We work with the appointee and the owner's lawyer, so everyone knows what the loan is for.”

Gino Tabila

Gino Tabila

Associate Director

Recently Asked Questions

They can, where the numbers work. One loan can be secured by more than one property, with our 70% limit worked out across all of them, so equity in the other two properties can make up a payout figure the showroom cannot cover on its own. Ask your solicitor to check whether the bank's mortgages also cover the other two properties, because the bank's payout figure may include every loan it holds with your company, not only the showroom loan. Then send us that written figure and the details of all three properties.

It can, where the full figure fits inside 70% of the property's value. Ask the bank for a written payout figure that includes the receiver's costs to date and an estimate to the settlement date, because the bank and the receiver set that figure. We funded a $3.685 million loan that repaid a lender that had appointed a receiver, and the owner then sold the property on their own terms. Your lawyer and the receiver need to confirm who signs, and we confirm it with them before we issue terms.

It may not be too late, but it depends on how far the sale has gone. Before the receiver signs a contract with a buyer, repaying the appointing lender in full can remove the reason for the sale. After a contract is signed, a refinance may no longer stop it, and your lawyer needs to advise. Three weeks is enough time for us to value the property and give you terms if you start now. Send us the payout figure and the date the campaign closes.

A related company can put an offer to the receiver, and the receiver decides whether to accept it. Receivers have legal duties about how they sell, and a sale to a related party raises its own questions, so your lawyer should advise before you make the offer. For the purchase, we can lend to your existing company within 70% of the lower of our valuation and the price, secured by the factory property or other property. Receivers set their own settlement timetables, so send us the terms of sale as soon as you have them.

Yes, your business can borrow against its property, but the repayment plan cannot rely on the administrator's payment. Creditors do not know what they will receive, or when, until the creditors have decided the company's future and a dividend is paid, so we look for a repayment source with a date, such as a property sale, a bank refinance or a documented payment from another customer. Send us the property details, the supplier invoices and your repayment plan. Lodge your claim with the administrator as well.

It can, where the loan fits inside 70% of the property's value. We value the property as it stands, and a vacancy can reduce that value, so the amount available may be lower than it was with the tenant paying rent. The repayment plan can be a bank refinance once a new lease is signed, or a sale. Ask the administrator whether it intends to keep or end the lease, and send us that answer with the bank's letter.

Yes, where the numbers work. We lend to your business within 70% of the lower of our valuation and the price, and settlement can follow within 24 hours of signing the letter of offer. Send us the administrator's terms of sale and settlement date on the day you receive them, so the valuation is booked before the contract is signed. The administrator sets the date and does not have to move it for a buyer's finance.

Yes, we will look at it. Our assessment centres on the property offered as security, a loan within 70% of its value and a dated plan for repaying us, so tell us what happened in the receivership and how it ended. Send the property details, the purpose of the loan and the repayment plan, and we can give you an answer within hours.

Your accountant and lawyer need to answer that before you borrow, because we are a lender and do not give insolvency advice. They will look at questions such as the directors' duties about insolvent trading, and whether a payment to one creditor could later be challenged by a liquidator. If they confirm a refinance makes sense, we look at the property, a loan within 70% of its value and a dated plan for repaying us.

About $340,000 on last year's value. 70% of $4,200,000 is $2,940,000, which is $340,000 more than the $2,600,000 payout figure, before the receiver's further costs and default interest are added. We lend on our own valuation, not the bank's figure from last year, so the room could be larger or smaller. Ask the bank for a payout figure to a specific settlement date, and send it with the property details.

We need to learn your scenario further. Once a deed has been completed and the company is back under the directors' control, a refinance is something we can look at, and what decides it is the property, a loan within 70% of its value and a dated plan for repaying us. Send us the administrator's confirmation that the deed has been completed, the bank's payout figure and the property details.

We need to learn your scenario further. It depends on what the loan is for and what the receiver was appointed over. We lend to companies, not to individuals, and we confirm with your lawyer who needs to sign before we issue terms.

No. While a company is in voluntary administration, the administrator controls its business and property, and the directors cannot use their powers.

Yes, where the property supports the loan. Our loan repays the secured lender at settlement. We do not give insolvency advice, and we can connect you with insolvency specialists in our network about what that repayment means for the receiver's appointment.

Yes, where the company is the borrower. A director's home or investment property can secure a loan to the company once the directors are back in control, and the total borrowing must stay within 70% of the property's value. Speak with your accountant or solicitor before you offer it.

The deed is signed about 8 weeks after the appointment. The second creditors' meeting is held within 25 business days, and a deed approved there must be signed within 15 business days or the company goes into liquidation. Ask the administrator when a contribution has to be paid.

No. We only lend, and we give no insolvency advice. Your accountant, a registered liquidator or your solicitor can advise you on the appointment and on what a loan would mean for the company.

Same-day settlement is possible once the loan documents are signed, depending on your scenario. A lawyer's review of our documents is often the longest step, so we send them early.

Yes. When a deed is completed and the directors regain control, the business often needs cash for stock, staff and suppliers. We lend for working capital to businesses in construction, hospitality, manufacturing and other industries.

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Expert
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$500M+ funded

Get an indicative offer within hours, not weeks.

No credit check. No obligation.

Why Secured Lending?

✓Australian private lender, $500M+ funded
✓We use our own funds for fast decisions
✓24-hour settlements, loans from $250k
✓Rates from 9.7% p.a. | Terms 1 to 24 months

Are you a broker? Find out why brokers love working with us.