The financial services industry has seen extensive changes with corporate insolvencies increasing. Several finance companies have collapsed and private investors as well as the government face considerable losses and in some cases have lost all their investment.
There have been proposals for the Securities Commission to be
given more extensive powers and recent media articles have
highlighted the fact that engaging receivers has resulted in
creditors incurring significant fees for their services with, in
many cases, little or no results for the investors.
These concerns make the challenges of trustees, financiers and
creditors even more complex. Every receivership is different so it
makes it even more imperative to engage the most appropriate
insolvency specialists for the particular receivership. The firm
must have a proven track record of maximising returns plus the
right charging structure and investigative skills. While a large
firm may offer many advantages in terms of experience and profile,
their fees may diminish the recovery for the stakeholders.
What's Different about the McDonald Vague Strategy
Our Dedicated Financial Services Team
We are able to offer extensive expertise while practicing responsible and realistic fee management. Our team has been involved in high profile finance company receiverships and moratoriums, so we appreciate the concerns of relevant parties.
We make it a point to remain in regular contact with trustees, financiers and with debenture holders, advising of our intended approaches to the receivership. We also provide regular updates on relevant matters as soon as they come to hand.
In some cases, the cost of the receivership is more expensive than the value of the assets that can be recovered. At McDonald Vague, we quickly implement strategies to ensure loan repayments continue to be made and loans in arrears are acted on appropriately. Where possible, we will negotiate to sell off part of the loan book to third parties so the debenture holders receive payments as quickly as possible without incurring ongoing receivership costs.
In conjunction with input from outsourced expertise, we will develop recovery strategies for individual loans. We will act commercially when implementing these strategies and will act very quickly to achieve the best possible return. We have excellent relationships with lawyers and other professionals who can advise us where necessary. However, in cases where we have the requisite experience to make a decision, we do not unnecessarily incur the further expense of engaging further professional services.
We have a leading team of financial specialists, with a wide range of local and international experience in business recovery, corporate insolvency, compliance, investigations and fraud. Our team consists of Tony Maginness, Boris van Delden, Roy Horrocks and Peri Finnigan.
Tony Maginness is the key contact for the team. He has been involved in high profile finance company receiverships and moratoriums, and has extensive experience in finance and property lending and recoveries. Tony spent three years at Nationwide Finance Limited (now Allied Nationwide Finance), and four years as Lending Manager at North South Finance Limited where he successfully recovered a number of their problem loans before and during their moratorium. He also observed the first month of the Dominion Finance Limited (In receivership and liquidation) Receivership.
Other members of our team have:
We are members of the New Zealand Institute of Chartered Accountants ("NZICA"), INSOL (international body of Insolvency Specialists) and the Forensic Accountants Special Interest Group. We adhere to the guidelines, rules, regulations and ethics of these governing bodies and these associations provide a guarantee of independence, service and integrity.
If we suspect decisions made by the company prior to our appointment were inappropriate, we will investigate possible action and who is best placed to bring these actions. Such action will only be perused once we have assessed the likely financial benefits for secured debenture investors. We will also investigate possible claims against directors, borrowers and other parties.
A member of our financial services team has led the Auckland Police Fraud Squad and has 27 years of police investigation experience. Two other team members have worked as investigating accountants with the Insolvency and Trustee Service. Members of our team have previously worked for National Enforcement Unit, and we have ongoing relationships with the Securities Commission and the Serious Fraud office.
Our team has dedicated professionals who are skilled at unravelling the financial position of a company, often tracking down funds that most other investigators would miss. We have investigated the serious mismanagement of fraud and criminal offending, and have also undertaken detailed and extensive investigations leading to legal proceedings.
We have an in-depth understanding of the evidential requirements necessary to undertake prosecution and or litigation, which allows much of the work normally undertaken by lawyers to be gathered and prepared in house. We have also been involved in a number of long running legal proceedings to recover property and funds misappropriated through fraud related matters.
Due to our in-depth experience of financial services, McDonald Vague can hit the ground running, swiftly assessing the situation with practised eyes, deploying resources without delay, taking control of management and finances and, most importantly, delivering fast, tailored results to the maximum benefit of all parties. We look forward to discussing how we can be of value to you.