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Directors' Duties When Insolvency Warning Signs Emerge

Corporate governance succeeds when its written rules guide actual business decisions. Signs of insolvency require management to assess liquidity, debt maturities and prospects of continued operations.

What to keep in mind

Document cash flows, payment priorities, creditor positions, financing options and available restructuring or insolvency procedures.

Continuing to assume obligations without understanding the company's condition may increase exposure.

Distinctions often confused

Temporary cash shortage is not automatically the same as statutory insolvency.

Frequently asked questions

Should directors document financial decisions during a crisis?
Yes, including the information available and reasons for their actions.
Must every distressed company immediately file for insolvency?
Not necessarily; the applicable legal circumstances and options must be assessed.

Informational content. It is not a substitute for professional advice.