Creditors' compromise (Part 14)
What is a creditors' compromise, and how does it bind creditors who vote against it?
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BY MICHAEL SHANG · SIXTEEN YEARS IN COMMERCIAL BANKING · UPDATED
// THE SHORT ANSWER
A creditors' compromise is a proposal under Part 14 of New Zealand's Companies Act 1993 in which a company's debts are reduced, deferred or otherwise varied, and which binds every creditor in a class once a majority in number holding 75% in value of those voting in that class approves it. Unlike a scheme of arrangement, it needs no court sanction, though a creditor who objects can apply to the court not to be bound. The nearest UK equivalent is a company voluntary arrangement, and in Australia it is a deed of company arrangement, which is reached through voluntary administration.
BASIS Practitioner judgment from sixteen years in commercial banking, set out in How Bankers Think (Highbank Press, 2026). Every borrower on this site is a composite constructed for teaching, not a client. The market is mid-market commercial lending as practised in New Zealand and Australia; where a convention differs elsewhere, the page says so.
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- Standstill agreement
- Expected loss
- Watch list
- Loan loss provision
- Receivership
- Forbearance
- Evergreening
- Non-performing loan (NPL)
- Probability of default (PD)
- Loss given default (LGD)
- Exposure at default (EAD)
- Significant increase in credit risk (stage 2)
- Write-off
- Workout
- 13-week cash flow forecast
- Shadow director
- Voidable preference
- Voluntary administration (VA)
- Scheme of arrangement
- Debt-for-equity swap
- Haircut (restructuring)
- Credit bid
- Pre-pack sale (pre-packaged administration)
- Mortgagee sale
- Independent business review (IBR)
- Shortfall debt (residual debt)
- Farm debt mediation
- Wrong-way risk
- Credit-impaired (stage 3)
- Probation period (forborne loans)
- 90 days past due (90 DPD)
- Unlikeliness to pay (UTP)
- Rating migration
- Early warning indicators (EWIs)
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