Urgent Short Term Loans to Pay a Creditor's Statutory Demand

Have the funds ready inside the 21 days, while your lawyer deals with the demand itself

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A statutory demand gives a company 21 days to pay the debt, give the creditor security for it, or agree a settlement the creditor accepts. If the company does not comply, a court must presume it is insolvent on a winding-up application made in the next 3 months. We know how much pressure that puts on a business, and we can fund payment of the demand in as little as 24 hours.

We fund payment of statutory demands from the ATO, trade creditors and other lenders, for companies across Australia, from $250,000, with larger loans assessed case by case. We do not give legal or insolvency advice. Your lawyer can advise on the demand itself, and your accountant or a registered liquidator can advise on the company's position. A loan adds a new debt. If the company is insolvent, a payment to one creditor within the 6 months before a liquidation can be recovered by the liquidator as an unfair preference, so get that advice before you borrow.

The two 21-day deadlines

The same 21 days apply to two different things. The company must pay the debt, or reach an agreement with the creditor, within 21 days of the demand being served. If the company disputes the debt, an application to set the demand aside must also be filed and served within those 21 days, and that deadline is strict. Call your lawyer and us on the same day, so a set-aside application or the payment can be ready inside the 21 days.

What happens after the 21 days

  • •The company is taken to have failed to comply with the demand
  • •For the next 3 months, a court must presume the company is insolvent if a winding-up application is made
  • •A creditor, including the ATO, can apply to the court to wind up the company
  • •Grounds the company could have raised in a set-aside application usually cannot be raised later without the court's leave
  • •Where the ATO issued the demand, it says it may use non-payment as evidence that the company is insolvent

Uses of the loan

  • •Paying the demand in full within the 21 days
  • •Paying a settlement amount your lawyer has agreed with the creditor
  • •Clearing several creditors at once, where your accountant or a registered liquidator has reviewed the company's finances
  • •Legal costs relating to the demand

Funding a demand

  1. First call. Tell us the amount, the date the demand was served and the property you can offer. Terms can be agreed the same day, depending on your scenario.

  2. Valuation. We value the property, usually within a day or two.

  3. Letter of offer. Sign the letter of offer as soon as you are ready to proceed.

  4. Settlement. Settlement can take place within 24 hours of signing, with the creditor paid from the settlement funds.

Documents for a statutory demand loan

  • •The statutory demand and the date it was served
  • •The supporting affidavit, if one came with the demand
  • •Your lawyer's view on whether the debt is disputed
  • •The property you can offer, and its current loan balance
  • •Your repayment plan

Loans that can pay a statutory demand

Statutory demand loan terms

Loan featureDetail
Loan sizeFrom $250,000, with larger loans assessed case by case
Interest rateFrom 9.7% p.a. (first mortgage), from 11.95% p.a. (second mortgage)
Term1 to 24 months, interest only
Maximum LVR70%, including any existing mortgage
SecurityA first or second mortgage, or a caveat, over residential, commercial or industrial property
SettlementFrom 24 hours

Planning the repayment

Typical repayment plans are a bank refinance once the demand is paid, the sale of a property, or a debt owed to the company that is due to be paid. Because an unpaid demand can point to insolvency, we look closely at whether the company can meet its other debts, and we will ask how the company will pay its other creditors and running costs.

ATO wind-ups we have funded

“A statutory demand leaves 21 days, and the lawyer needs some of them, because a disputed debt must be challenged within the same period. Where the debt is owed and the company has property, we can have the funds ready while the lawyer prepares any response to the demand. We lend on the property, and the creditor is paid at settlement.”

Gino Tabila

Gino Tabila

Associate Director

Recently Asked Questions

Yes, where the depot property covers both amounts. We refinance a lender before or after it appoints a receiver, so one loan can repay the bank at settlement and provide the $310,000, which your company then pays to the supplier. The 21 days on the demand and the bank's notice period run separately, so ask your solicitor to confirm both dates today. Send us the demand, the bank's letter and its payout figure, and we can tell you within hours whether the numbers work.

We can fund whatever payment your lawyer recommends, including a settlement amount agreed with the creditor. Whether paying part of the demand is the right step is a legal question. If the company disputes part of the debt, any application to set the demand aside must be filed and served within the same 21 days. Speak to your lawyer and to us on the same day.

Yes. We fund payment of statutory demands from other lenders as well as the ATO and trade creditors. The loan is secured by the warehouse property, never by the equipment. The loan funds are paid to the company, which pays the financier. Send us the demand, the date it was served and the warehouse's current loan balance.

It can, once your accountant or a registered liquidator has reviewed the company's finances. Clearing several creditors at once is one of the uses we fund. If the company is insolvent when it pays, a liquidator can seek to recover a payment made to one creditor in the 6 months before a liquidation as an unfair preference, so that review comes before the loan. Your solicitor can explain how this applies to the company.

Yes. We can value the property and agree terms while your lawyer negotiates, then confirm the loan amount once the figure is settled, within 70% of the property's value. Settlement can take place within 24 hours of the letter of offer being signed, which leaves your lawyer most of the 21 days to negotiate.

Because an unpaid demand can point to insolvency. We look closely at whether the company can meet its other debts as well as the one in the demand, and at how the loan will be repaid. Have a current list of creditors and the company's repayment plan ready when you call, and the assessment moves faster.

We need to learn your scenario further. If a winding-up application is made within 3 months after the 21 days end, the court must presume the company is insolvent unless the company proves otherwise, and the creditor can make that application. Your lawyer can tell you what paying the creditor now would achieve, and your accountant or a registered liquidator can review the company's position. We can fund the payment quickly if it is part of the plan.

It can. When the company pays the demanded debt in full, it has complied with the demand, and any payment the company makes reduces the company debt and your penalty equally. The two documents have their own 21-day periods, so send us both with their dates and we will plan settlement around the earlier one.

Yes. The loan is secured by the commercial or industrial property the business owns, the yard, the office or the depot, never by the progress claim. The progress payment can be the plan that repays the loan, once it is paid. Send us the demand, the date it was served and the details of the claim.

Yes, as the repayment plan. A debt owed to the company that is due to be paid is one of the typical repayment plans, and the loan itself is secured by property you or the company own. Send us the judgment and anything showing when the customer is expected to pay, and we will set the term with time to spare.

It can, where the company that owns the property agrees and its constitution allows it to give the security. We need to learn your scenario further. The trading company would be the borrower that receives the funds and pays the creditor. We check that the company owning the property can give the security and that the people signing have the authority to sign, so send us both companies' details on the first call, and ask your solicitor to confirm the owning company can give it.

The company has 21 days from the day the demand is served. In that time, the company must pay the debt, reach an agreement with the creditor, or apply to the court to set the demand aside.

Speak to your lawyer before you pay. If the debt is genuinely disputed, the usual remedy is an application to set the demand aside, which must be filed and served within the same 21 days. That deadline is strict, so your lawyer needs time too.

The company is taken to have failed to comply. For the next 3 months, a court must presume the company is insolvent if a creditor applies to wind it up, and the creditor can make that application.

We need to learn your scenario further. Once an application is filed, paying the creditor who filed it may not end it, because the court process has started. Your lawyer can tell you what a payment would achieve, a registered liquidator can advise on the company's position, and we can fund it quickly if it is part of the plan.

Yes. Under the Corporations Regulations, the minimum is $4,000, or $20,000 for a company eligible for temporary restructuring relief. Our loans start at $250,000, so we fund larger demands, or several debts paid together.

The ATO says a statutory demand requires the company to pay the entire debt or enter into a payment plan within 21 days. Contact the ATO early, and speak with your accountant or a registered liquidator if you are unsure whether a plan or a loan suits the company. If a plan is not possible, we can fund payment of the debt in full.

Same-day funding is possible, depending on your scenario, which can leave most of the 21 days for your lawyer and accountant. The quickest loans are secured by a caveat over property you already own.

Yes. A company that has just paid a large demand often needs cash for wages, stock or suppliers. We lend for working capital to businesses in construction, wholesale, 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.