Dictionary

Insolvency

“A financial state in which a person or organisation cannot pay debts when due or, under some legal tests, has liabilities exceeding assets.”

Why insolvency matters to a first-time founder

Once insolvency is possible, directors’ duties and permitted decisions can change, and continuing to trade may increase losses for creditors. Early advice preserves more options than waiting for a missed payroll or court claim. The exact tests, duties and procedures depend on the jurisdiction and entity type.

Examples of insolvency

A company has £25,000 in cash but £90,000 of debts due within ten days, with no committed funding or collectible invoices. It may fail the cash-flow test even though its equipment has a book value of £150,000. Directors stop discretionary payments and obtain licensed insolvency advice immediately.

Common misunderstanding

It is not the same as a temporary inconvenience that committed funding will clearly resolve, nor is it automatically liquidation or bankruptcy. Insolvency describes a financial and legal condition; formal procedures are possible responses. A profitable income statement also does not rule it out when cash cannot meet due debts.

When to use it

Monitor it whenever cash forecasts show unpaid debts, repeated extensions, tax arrears or reliance on uncertain funding. Do not prefer connected parties, move assets or take new credit to conceal the position. Preserve records and seek qualified insolvency and legal advice before making material payments or continuing trade.