---
title: "Deed of company arrangement: key terms and execution checklist (s 444A and s 444DA)"
url: "https://ailawframework.com/precedents/insolvency-restructuring-and-bankruptcy/deed-of-company-arrangement-terms-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a8-deed-of-company-arrangement-terms-checklist"
area_id: "A8"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A8-T1-R4"]
law_stated_as_at: "2026-10-18"
---

# Deed of company arrangement: key terms and execution checklist (s 444A and s 444DA)

> A checklist for preparing or reviewing a deed of company arrangement: the matters s 444A requires the instrument to specify, the s 444DA employee priority rule, the commercial terms of the proposal, release and…

Canonical page: https://ailawframework.com/precedents/insolvency-restructuring-and-bankruptcy/deed-of-company-arrangement-terms-checklist  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

A checklist for preparing or reviewing a deed of company arrangement: the matters s 444A requires the instrument to specify, the s 444DA employee priority rule, the commercial terms of the proposal, release and creditors’ trust issues, and the execution and lodgement steps.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Insolvency, Restructuring & Bankruptcy](https://ailawframework.com/precedents/insolvency-restructuring-and-bankruptcy.md)
- Jurisdictions: Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 2 authorities it cites, for Australia.

## When to use it

Use when an administrator, proponent or creditor prepares or reviews a DOCA proposal before the second creditors’ meeting, and again when the instrument is prepared after creditors resolve that the company execute a deed.

## Used for these tasks

- [Draft a deed of company arrangement or comparable restructuring deed](https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/draft-a-deed-of-company-arrangement-or-comparable-restructuring-deed.md)

## How AI may be used

AI may check a draft deed or proposal against this list and extract the commercial terms into a comparison table, but the administrator and the lawyers settle the terms and the administrator decides what to recommend to creditors.

**AI may:**

- Mark each s 444A matter as present, partly present or missing in a draft deed or proposal, quoting the clause
- Extract the proponent’s contribution, timing, conditions, distribution order and releases into a table comparing the proposal with a liquidation
- Check that defined terms, dates and the claims cut-off date are used consistently through the draft

**AI must not:**

- Must not estimate the return to creditors under the deed or in a liquidation; those figures come from the administrator
- Must not decide whether employee priority may be excluded or whether the deed should be recommended
- Must not process creditor or employee data in a tool that retains or trains on it

**The lawyer checks:**

- Every matter in s 444A(4) is specified, including the claims cut-off date (not later than the day the administration began)
- The s 444DA employee priority provision is included, or the employee meeting resolution or Court order relied on to exclude it is in place
- Releases, the treatment of secured and owner creditors, and any creditors’ trust structure are effective and properly explained to creditors
- The deed is executed by the company and the deed administrator within the time the Act allows after the creditors’ resolution

## Authorities

- [Corporations Act 2001 (Cth) s 444A (administrator prepares the instrument; matters it must specify; prescribed provisions taken to be included)](https://classic.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s444a.html)
- [Corporations Act 2001 (Cth) s 444DA (deed must give eligible employee creditors priority at least equal to ss 556, 560 and 561, unless they resolve otherwise or the Court approves)](https://classic.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s444da.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/insolvency-restructuring-and-bankruptcy/deed-of-company-arrangement-terms-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*