What Is Insolvency?
An introduction to insolvency — what it means, when it applies, and the key tests used in the UK.
What Does Insolvency Mean?
A company is insolvent when it cannot pay its debts. In the UK, two tests are used to determine insolvency:
The Cash-Flow Test
Can the company pay its bills as they fall due? If not, it may be cash-flow insolvent. This includes debts that are due now and those that will become due in the near future.
The Balance-Sheet Test
Are the company's total liabilities greater than its total assets? If so, the company may be balance-sheet insolvent, even if it can still meet day-to-day payments.
Why It Matters
Directors of a UK limited company have a legal duty to act in the best interests of creditors once they know, or should know, the company is insolvent. Failure to act can lead to personal liability.
Common Warning Signs
- Regularly paying suppliers late
- Using new borrowing to repay old debts
- Receiving county court judgments (CCJs) or statutory demands
- Inability to agree HMRC payment plans
- Creditors threatening winding-up petitions
Next Steps
If any of these apply to your company, take the free assessment or speak with an advisor.