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Corporate Insolvency Test

The Corporate Insolvency Test

If your business has cash flow problems, the first priority for a director is to clarify its current financial position. Understanding if the business is solvent, heading towards insolvency or already insolvent is vital.  Trading whilst knowingly insolvent is a serious matter and could lead to a director being personally liable or worse disqualified from acting as a director.

A company is considered to be insolvent under UK law if it is unable to pay its debts as they fall due or if liabilities exceed assets.

Click the button below to complete our insolvency test.

 

Taking credit immediately whilst the situation is being considered

Credit here means ordering goods or services on normal trade credit without making a payment for them. If you need to buy something you must pay cash for it. Failure to do so could result in a wrongful trading action being taken against you personally. This includes using credit cards of any nature, you cannot pay for something using a credit card as you are increasing the amount you owe the credit card


Taking monies out of the company by way of dividends 

Any overdrawn directors’ loan account is fully repayable. A directors’ loan account (DLA) is any money taken out of the company BEFORE a valid resolution on dividends is passed. A valid resolution cannot be passed if the company made no profits in the period the dividends relate to.


Taking any assets of the company 

Directors are personally liable and this is misfeasance and so it is probably best to STOP TRADING unless you are taking the advice of a Licensed Insolvency Practitioner. As a director you do not want to be guilty or even accused of Fraudulent Trading. Despite all these problems if you take care and can demonstrate all actions taken were for the benefit al ALL creditors as a director of an insolvent company you have nothing to fear.


Paying anybody unless you KNOW you can pay everyone 

If you think I must pay x because I know them personally/ they are only a small creditor/ I am related to them as a director you are guilty of preference ie preferring one creditor over another. If it can be proved you did it intentionally then it is fraudulent preference and not only would you be personally liable for all credit taken since the company was deemed insolvent you could have a prison sentence and be prevented from acting as a director under the Company Director’s Disqualification Act 1986.


Selling any assets of the company 

Unless you can PROVE the price paid is full market value and cash has been received. If a sale has been made to a creditor unless the creditor has paid full market value in cash it is deemed a transaction at an undervalue. As a director you will be personally be liable to pay the difference between full market value and the cash received.

If your company has cash flow problems you should take immediate, professional, independent advice from a Licensed Insolvency Practitioner, like turpin barker armstrong.  Not doing so could result in penalties for wrongful trading if you continue to trade whilst knowing that you are insolvent.

Don't hesitate call us today on 020 8661 7878 or email insolvency@turpinba.co.uk 

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