Week 12 - Insolvency Flashcards
What is insolvency?
When a company is unable to pay its debts as they become due - can be short term and is not uncommon
What happens if it is more serious?
There are various options open to the company and its creditors
What is it mainly governed by?
The Insolvency Act 1986 (IA) (Revised by Enterprise Act 2002)
What is the first conflicting aim of the insolvency act?
To allow secured creditors to realise their security
What is the second conflicting aim of the insolvency act?
To ensure the creditors are treated equally favourably
What is the third conflicting aim of the insolvency act?
To attempt to keep an insolvent company afloat
What are the 3 main options available to an insolvent company?
- administration
- voluntary arrangement with its creditors
- compulsory or voluntary liquidation
Why is it often preferable that a company does keep going?
There may be some value doing that in the future - receive investment down the line