Business · Liquidation Risk

You've received a Section 345 demand. You have 21 days. Use them.

Short answer

A Section 345 demand is a formal legal step that — if ignored — deems your company unable to pay its debts and opens the door to a liquidation application. This is not a letter to file away. KLS helps you respond correctly and decisively.

Who this is for

Is your company facing any of these?

You've received a Section 345 demand letter

A creditor has served a formal demand at your registered office. You have 21 days to pay or secure the debt. Failure to do so creates a statutory presumption of insolvency.

A liquidation application has been filed against your company

The matter is already before court. You need legal representation to oppose the application or negotiate a resolution before the return date.

Your company cannot meet its debts as they fall due

Commercial insolvency — the inability to pay debts as they fall due — is the legal test for liquidation. If this describes your company, you need to act before creditors do.

The cost of waiting

What liquidation means for your business

Liquidation is not a restructuring — it is the end of the company as a trading entity.

Company wound up

A liquidation order means the company ceases to exist as a trading entity. A liquidator is appointed to realise assets and pay creditors in order of preference.

Directors lose control

Once a liquidation order is granted, directors lose all authority over the company. The liquidator takes over and directors must cooperate fully under penalty of law.

Employee consequences

All employees are effectively retrenched. While preferent claims exist for unpaid wages, recovery is not guaranteed and can take months.

Personal liability risk

If the liquidator finds evidence of reckless trading, fraudulent preference, or other breaches of directors' duties, directors can face personal liability for company debts.

How it works

How KLS helps you respond to liquidation risk

01

Immediate assessment

We review the demand or application, assess the company's financial position, and identify whether the debt is disputed, whether the demand is procedurally valid, and what response options exist within the timeframe.

02

Response strategy

Options include: paying or securing the debt, opposing the liquidation application on legal grounds, negotiating a settlement or payment arrangement with the creditor, or commencing business rescue proceedings to obtain a moratorium.

03

Execution and protection

We implement the chosen strategy immediately. Where business rescue is the right route, we manage the commencement process to ensure the moratorium attaches and creditor action is suspended.

Before you start

What KLS checks before opening the matter

The intake is designed to classify the legal route, identify the documents that matter, and flag whether the matter needs attorney review before a formal step is taken.

Start this assessment

Assessment route

Liquidation Risk Assessment

Review posture

Attorney review

Primary audience

Business

Legal context reviewed

Companies Act section 345, Liquidation proceedings

Last reviewed: 17 May 2026 · Next review due: 17 Nov 2026

Trust and intake boundaries

What you can expect at this stage

Information is treated as confidential intake information.
The page explains the route before you submit an assessment.
Assessment content is routing support, not legal advice by itself.

Document readiness

Useful documents to prepare

Demand letters
Court papers
Creditor statements
Management accounts or cash-flow notes

Routing checks

What the assessment helps KLS identify

Whether a demand or liquidation application has been received
Whether trading, payroll, suppliers, or bank accounts are affected
Which deadlines or creditor actions need immediate review
Which company documents are needed before strategy is confirmed

This assessment is not legal advice and does not promise rescue, settlement, or opposition success. It helps KLS classify risk and readiness.

Guided pathways

If you are still deciding, use the pathway first

Connected legal routes

Other pages that may fit the same pressure

FAQs

Questions about liquidation risk

It is a formal demand served under Section 345 of the Companies Act. If the company fails to pay or secure the debt within 21 days, it is deemed unable to pay its debts — making it easier for the creditor to apply for liquidation without needing to prove insolvency separately.
Yes. Grounds for opposition include: the debt is disputed, the company is solvent, the demand was not properly served, or business rescue proceedings have commenced. We assess the strongest available grounds.
Yes. Once business rescue proceedings commence, a general moratorium applies — all legal proceedings, including liquidation applications, are suspended. Timing is critical: business rescue must commence before the liquidation order is granted.
We negotiate directly with the creditor for a payment arrangement or standstill agreement. Many creditors prefer this to a contested liquidation application, which is expensive and uncertain for them too.
Immediately. The 21-day window under a Section 345 demand moves fast. If a liquidation application has already been filed, the return date may be weeks away. Contact us today.

Get started

Get urgent liquidation risk advice

Tell us about the demand or application — the creditor, the amount, and the timeline. We respond within one business day, often the same day for urgent matters.

Start the secure intake

You will answer a short set of questions so KLS can route the matter into the correct review process.

Continue to intake

Your information is confidential and used only for intake and consultation purposes.

Priority outcome

You receive an urgency and routing outcome.

Document guidance

KLS identifies whether senior review is needed.

Next step routing

Document and payment gates control consultation access where needed.

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