Unable to pay its debts: Difference between revisions
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The statutory definition of [[insolvency]] in the UK | The statutory definition of [[insolvency]] in the UK appears at Section 123 of the [[Insolvency Act 1986]], and reads thus: | ||
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'''123 Definition of inability to pay debts. | '''123 Definition of inability to pay debts. ''' | ||
''':(1) A company is deemed unable to pay its | :(1) A company is deemed [[unable to pay its debts]]— | ||
::(a) if a creditor (by assignment or otherwise) to whom the company is indebted in a sum exceeding £750 then due has served on the company, by leaving it at the company’s registered office, a written demand (in the prescribed form) requiring the company to pay the sum so due and the company has for 3 weeks thereafter neglected to pay the sum or to secure or compound for it to the reasonable satisfaction of the creditor, or | ::(a) if a creditor (by assignment or otherwise) to whom the company is indebted in a sum exceeding £750 then due has served on the company, by leaving it at the company’s registered office, a written demand (in the prescribed form) requiring the company to pay the sum so due and the company has for 3 weeks thereafter neglected to pay the sum or to secure or compound for it to the reasonable satisfaction of the creditor, or | ||
::(b) if, in England and Wales, execution or other process issued on a judgment, decree or order of any court in favour of a creditor of the company is returned unsatisfied in whole or in part, or | ::(b) if, in England and Wales, execution or other process issued on a judgment, decree or order of any court in favour of a creditor of the company is returned unsatisfied in whole or in part, or | ||
::(c) if, in Scotland, the induciae of a charge for payment on an extract decree, or an extract registered bond, or an extract registered protest, have expired without payment being made, or | ::(c) if, in Scotland, the induciae of a charge for payment on an extract decree, or an extract registered bond, or an extract registered protest, have expired without payment being made, or | ||
::(d) if, in Northern Ireland, a certificate of unenforceability has been granted in respect of a judgment against the company, or | ::(d) if, in Northern Ireland, a certificate of unenforceability has been granted in respect of a judgment against the company, or | ||
::(e) if it is proved to the satisfaction of the court that the company is [[unable to pay its debts as they fall due]]. | ::(e) if it is proved to the satisfaction of the court that the company is [[unable to pay its debts as they fall due]]<ref>This is [[cashflow insolvency]]</ref>. | ||
:(2) A company is also deemed unable to pay its debts if it is proved to the satisfaction of the court that the value of the company’s assets is less than the amount of its liabilities, taking into account its contingent and prospective liabilities. | :(2) A company is also deemed [[unable to pay its debts]] if it is proved to the satisfaction of the court that the value of the company’s assets is less than the amount of its liabilities, taking into account its contingent and prospective liabilities. <ref>This is “[[balance sheet insolvency]]”.</ref> | ||
:(3) The money sum for the time being specified in subsection (1)(a) is subject to increase or reduction by order under section 416 in Part XV. | :(3) The money sum for the time being specified in subsection (1)(a) is subject to increase or reduction by order under section 416 in Part XV. | ||
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===See also=== | |||
*[[insolvency]] | |||
*{{isdaprov|bankruptcy}} - the {{ISDA}} term | |||
*[[cashflow insolvency]] | |||
*[[balance sheet insolvency]] | |||
Revision as of 16:53, 1 November 2016
The statutory definition of insolvency in the UK appears at Section 123 of the Insolvency Act 1986, and reads thus:
123 Definition of inability to pay debts.
- (1) A company is deemed unable to pay its debts—
- (a) if a creditor (by assignment or otherwise) to whom the company is indebted in a sum exceeding £750 then due has served on the company, by leaving it at the company’s registered office, a written demand (in the prescribed form) requiring the company to pay the sum so due and the company has for 3 weeks thereafter neglected to pay the sum or to secure or compound for it to the reasonable satisfaction of the creditor, or
- (b) if, in England and Wales, execution or other process issued on a judgment, decree or order of any court in favour of a creditor of the company is returned unsatisfied in whole or in part, or
- (c) if, in Scotland, the induciae of a charge for payment on an extract decree, or an extract registered bond, or an extract registered protest, have expired without payment being made, or
- (d) if, in Northern Ireland, a certificate of unenforceability has been granted in respect of a judgment against the company, or
- (e) if it is proved to the satisfaction of the court that the company is unable to pay its debts as they fall due[1].
- (2) A company is also deemed unable to pay its debts if it is proved to the satisfaction of the court that the value of the company’s assets is less than the amount of its liabilities, taking into account its contingent and prospective liabilities. [2]
- (3) The money sum for the time being specified in subsection (1)(a) is subject to increase or reduction by order under section 416 in Part XV.
See also
- ↑ This is cashflow insolvency
- ↑ This is “balance sheet insolvency”.