The asset list may omit deposits the company paid to other parties
Identify outgoing deposits as potential recoveries in an apparently assetless company, distinguishing refundable rights from consumed, disputed or third-party amounts.
Corporate Recovery Partners
01 / 06
A payment out may still need an explanation
A company described as assetless previously paid deposits for premises, equipment or future supplies. If you have reliable evidence of those payments, give it to the appropriate adviser or liquidator. The money may have been used, applied or become subject to a dispute. A historical deposit is a lead to investigate, not proof that cash remains available for your invoice.
Identify the paying entity, recipient, date, amount and agreement. Distinguish a refundable deposit from an advance payment for goods already delivered or a charge described loosely as a deposit. Avoid relying only on a bank narration. The underlying documents need to explain what the payment purchased and what conditions, if any, govern its return.
ASIC identifies asset collection as part of the liquidator's work. If the company is in liquidation, send the practitioner the documents supporting the possible recovery. Ask a concise question about whether it has been considered. Do not contact the holder pretending to act for the company or arrange for a possible refund to be paid directly to you without proper authority.
Imagine a debtor paying for an equipment booking that was later cancelled. An old ledger still calls the amount a deposit, but the supplier may have applied a cancellation charge or refunded it to the company. The transaction history and terms are needed before assigning any recovery value. The example shows why an unresolved label should not be accepted as either cash or a worthless entry.
The agreement may belong to another group entity, or the payment may have been made on someone else's behalf. Give the adviser those details. Do not assume that the company holding a receipt has an unrestricted right to the entire amount. If ownership, set-off or another entitlement is disputed, obtain specific advice rather than trying to resolve it by changing the asset list.
Record what is confirmed, what remains uncertain and who is investigating. A potential refund should not be presented as a promised dividend. It is one component of the company's broader affairs and may be affected by costs or other claims. Accurate deposit information can improve that assessment without creating false confidence about the money creditors will receive.