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What are the consequences of trading while insolvent?

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Trading while insolvent exposes a company and its directors to some of the most serious consequences in commercial law, from personal liability and clawback of transactions to disqualification and, in egregious cases, allegations of fraud.

The hazard is that the line is crossed gradually, often without a clear moment of decision. This report explains the consequences of insolvent trading in your chosen jurisdiction and industry: the framework defining when trading becomes wrongful, and the scenarios that attract liability.

It covers the warning indicators that the threshold is near, and hedged ranges for the personal and corporate consequences. It also sets out the controls that demonstrate proper conduct, and the point at which counsel and insolvency practitioners must be engaged.

Reference material for informed readers, not advice.

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What are the consequences of trading while insolvent

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Research, not advice. Consult a qualified professional before acting on anything in this report.

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