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Glossary

Insolvency

Insolvency describes financial distress assessed through applicable legal tests, commonly inability to pay debts as they fall due or liabilities exceeding the relevant value of assets.

Credit & Risk

Two common ways to assess insolvency

Cash-flow insolvency concerns the ability to meet debts when they fall due. Balance-sheet insolvency concerns liabilities exceeding assets under the relevant valuation and legal rules.

These concepts are not interchangeable. A business may own valuable equipment but lack cash for tomorrow's payments. Legal tests differ by jurisdiction and purpose, including treatment of contingent liabilities.

Insolvency and formal proceedings

Financial distress does not automatically mean a bankruptcy petition has been filed. Restructuring, negotiated arrangements, administration, liquidation, or bankruptcy may be available depending on the jurisdiction and circumstances.

For a jurisdiction-specific example, see the UK Insolvency Service's company guidance. Its rules should not be assumed to apply elsewhere.

What a creditor should do

Verify the debtor's identity and any formal proceeding. Preserve invoices, contracts, payment records, and relevant notices. Route legal notices promptly for review of deadlines and restrictions.

An overdue invoice alone does not establish insolvency. Nor does insolvency give a creditor unrestricted authority to seize assets or promise a particular recovery. Decisions need the applicable legal and financial context.

FAQ

Frequently asked questions

Is insolvency the same as bankruptcy?

No. Insolvency describes a financial condition or legal test; bankruptcy is a formal legal process.

Can a company have assets and still be insolvent?

Yes. Assets may be illiquid, insufficient in value, or unavailable when debts fall due.

Does one late invoice prove insolvency?

No. The cause may be a dispute, processing delay, or another issue requiring investigation.

Related terms
Working CapitalChapter 11 Bankruptcy