Safe harbour: a director's primer for uncertain times

April 02, 20268 min read
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Safe harbour remains one of the most misunderstood, and most valuable, provisions in the Corporations Act.

Safe harbour is a technical carve-out from insolvent trading that, used well, gives directors the space to attempt a restructure. Used poorly, it offers false comfort. This primer walks through the eligibility criteria, the evidence directors should be maintaining, and the practical steps we take with boards to preserve optionality when the business is under pressure.

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