An alternative to an insolvency appointment.
Are you or your clients falling behind on paying company debts?
Directors are exposed to personal liability if they trade a business unable to pay its debts when they fall due. This is called insolvent trading. Resigning as a Director does not provide relief.
What can happen to a Director for insolvent trading?
Civil financial penalties of up to $200,000. Compensation proceedings can be initiated by ASIC, a liquidator or creditors in addition to civil penalties and are potentially unlimited. This may result in personal bankruptcy which will disqualify a Director from managing a company.
Is there an alternative to an immediate insolvency appointment?
Yes. “Safe Harbour” changes to the Corporations Act can be used to stop acting prematurely to appoint a liquidator or administrator, which can be a destructive and litigious minefield.
What is Safe Harbour and who can help?
If done correctly, Safe Harbour provides Directors protection from personal liability for insolvent trading if the company is attempting to restructure.
As an appropriately qualified professional restructuring firm, Titanium Corporate Advisory can help provide an effective and protective restructure to manage the challenging financial situation without fear of a Director being personally liable.
Are public notifications or other announcements required?
No. Unlike an insolvency appointment, Safe Harbour is a confidential commercial arrangement with our firm. Directors keep control of the business.
How do the company’s accountant, tax agent, lawyer and other advisors fit in?
We partner with current advisors, working together to save the business, benefiting all by maintaining relationships with businesses which might otherwise have been forced to close.
How can Titanium Corporate Advisory help?
Titanium are qualified restructuring accountants with over 30 years specialist experience providing restructuring, insolvency and workout solutions.
Lead by Mark Levi, we pride ourselves in proactively helping clients through turbulent and challenging times.
Contact us to arrange a confidential obligation free consultation with a qualified restructuring professional.
By Mark Levi | Titanium Corporate Advisory | Safe Harbour & Corporate Turnaround Specialist
Why Choose Mark Levi and Titanium Corporate Advisory?
There are many advisors who claim expertise in Safe Harbour. The difference with Mark Levi and Titanium Corporate Advisory is depth, qualification, and track record.
Genuine Specialist Expertise
Mark Levi is a CPA-qualified restructuring accountant and crisis manager with over 30 years of hands-on experience. His background spans formal insolvency appointments, Big 4 senior positions, global bank appointments as investigating accountant, Federal and Supreme Court (NSW) appointments, ASIC-registered liquidation, private equity advisory, World Bank advisor roles, and extensive Safe Harbour and corporate turnaround work.
This is not generalist business advisory. This is specialist, practitioner-level expertise in the exact area where you need it most.
Confidential and Private
Unlike formal insolvency appointments, Titanium's Safe Harbour programs involve no public notifications, no ASIC registers, no newspaper announcements. Your customers, suppliers, and competitors need not know you are restructuring. Business continuity is preserved throughout.
Director-First Approach
Titanium's focus is always on protecting the director and the business — not on generating fees or prolonging engagements. Mark Levi works collaboratively with your existing advisors — including your lawyers, accountants, and financiers — to deliver a coordinated and comprehensive solution.
Proven Track Record
Titanium has helped thousands of businesses and directors successfully navigate financial distress. Our calm, tenacious and common-sense approach consistently produces optimal outcomes in even the most challenging situations.
Common Questions About Safe Harbour
Does Safe Harbour protect me from ASIC investigations?
Safe Harbour specifically protects against insolvent trading claims. It does not provide blanket immunity from all director duties. However, by engaging qualified advisors and following a proper restructuring process, you demonstrate the kind of responsible director conduct that significantly reduces broader regulatory risk.
What happens if the restructuring plan does not succeed?
If the restructuring plan ultimately does not achieve a better outcome, the company may still need to enter a formal insolvency process. However, the director retains Safe Harbour protection for the period during which the plan was being properly pursued. Titanium also assists with all formal insolvency pathways where required.
Can I access Safe Harbour if I have already been served with a creditor demand?
Yes, in many cases. Speed of engagement is critical. The sooner you contact us, the more options we have available to you. Do not wait for the situation to escalate before seeking expert advice.
Is Safe Harbour only for large companies?
No. Safe Harbour is available to companies of all sizes. Many of Titanium's clients are SME directors — business owners who have built their company over years and are determined to protect it and their personal position.
Take Action Now: Time Is the Most Critical Factor in Safe Harbour
Safe Harbour is a powerful protection — but it is not unlimited and it is not permanent. Its effectiveness depends on directors acting early, engaging qualified advisors, and following a structured and documented process.
The longer a director waits, the fewer options are available, the harder the restructuring becomes, and the greater the personal liability exposure grows.
If your company is facing financial difficulty — or you have concerns about solvency — the time to act is now.
Contact Mark Levi and Titanium Corporate Advisory today for a confidential, obligation-free consultation.
📞 +61 2 8040 2278
✉️ info@titaniumadvisory.com.au
About Mark Levi — Titanium Corporate Advisory
Mark Levi is the founder and principal of Titanium Corporate Advisory, a specialist CPA practice focused on corporate turnaround, Safe Harbour restructuring, and director protection. With over 30 years of experience spanning insolvency, corporate finance, Big 4 advisory, global bank appointments, and Federal and Supreme Court engagements, Mark brings unmatched depth of expertise to every client engagement. Mark Levi and Titanium Corporate Advisory have successfully guided thousands of directors and businesses through financial distress — preserving goodwill, protecting personal assets, and delivering sustainable outcomes.