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Is My Company Insolvent? 7 Warning Signs Directors Shouldn’t Ignore
Understand the two main company insolvency tests and seven warning signs that should prompt directors to examine the figures and seek advice early.
This article provides general information for company directors in England and Wales. It is not legal advice, and every company’s circumstances are different.
The two main insolvency tests
A company may be insolvent because it cannot pay debts as they fall due. This is commonly called cash-flow insolvency. It may also be insolvent when the value of its assets is less than its liabilities, including contingent and prospective liabilities. This is commonly called balance-sheet insolvency.
Neither assessment should be made from one bank balance or an old set of accounts. Timing, the reliability of expected receipts, the realistic value of assets and liabilities that may arise in future can all matter. A warning sign is a reason to investigate; on its own, it does not prove that a company is insolvent.
1. Repeated cash-flow forecast gaps
A rolling cash-flow forecast should show when money is expected to enter and leave the business. If it repeatedly shows that payroll, tax, rent, finance or supplier debts cannot be met when due, that is more significant than a single difficult week.
Directors should test the assumptions behind customer receipts, sales, margins and costs. Moving an unpaid amount into the next week without a credible source of funds does not solve the underlying cash-flow problem.
2. Balance-sheet deterioration
Management accounts may show liabilities growing faster than assets. The balance-sheet insolvency test also takes account of contingent and prospective liabilities, so the face value of property, stock or debts due to the company may not tell the whole story.
Book values may differ from what an asset could realise in the relevant circumstances. Directors should obtain current financial information and identify guarantees, claims, leases, tax liabilities and other commitments rather than relying only on the last filed accounts.
3. Overdue creditors are becoming normal
Overdue creditors can be an early sign that working capital is under strain. Warning signs include continually extending supplier terms without agreement, paying only the creditor who is pressing hardest, broken payment promises and a growing aged-creditor balance.
One disputed invoice is not the same as a broad inability to pay. The concern grows when several undisputed debts remain unpaid and the company has no credible timetable or funding source to clear them.
4. HMRC arrears are funding day-to-day trading
PAYE, National Insurance, VAT and Corporation Tax arrears can build when money reserved for tax is used for wages or suppliers. Persistent HMRC arrears may therefore show that the company is relying on unpaid tax to fund normal operations.
Directors should establish what is due, what future liabilities will arise and whether the business could maintain both current taxes and any agreed repayment plan. A possible Time to Pay arrangement should not be treated as automatic or as a substitute for assessing wider solvency.
5. Persistent overdraft dependence
An agreed overdraft can be a normal working-capital tool. The warning sign is persistent use at or near the limit, particularly where each receipt is immediately absorbed and routine payments depend on the bank extending or tolerating the facility.
Directors should consider what happens if the lender reviews, reduces or withdraws the facility. Short-term borrowing that repeatedly funds continuing losses rather than a temporary timing gap may be masking a deeper problem.
6. Cash reserves keep declining
Declining cash reserves reduce the company’s ability to absorb a late customer payment, seasonal fall in sales or unexpected cost. A profitable result on paper does not remove the need for enough available cash to meet obligations when they fall due.
Track unrestricted cash, committed facilities and the period for which the company can meet forecast payments. Directors should investigate whether falling reserves reflect a temporary investment, slow collections, shrinking margins, recurring losses or another cause.
7. Creditor pressure is escalating
Escalating creditor pressure may include final demands, stopped supplies, County Court proceedings, enforcement action, a statutory demand or a threatened winding-up petition. These steps can rapidly reduce the time available to assess the company’s position.
Do not ignore formal documents or assume that an informal conversation pauses a deadline. Bring together the company’s records, current cash-flow information and creditor position, and seek appropriate advice before the range of available responses narrows.
