Abstract
Abstract Insolvency proceedings relate to insolvent companies. Insolvency is therefore a central concept and the law requires a test of insolvency which can be used to determine whether a company is amenable to such proceedings and to regulate the availability of certain other rights and remedies concerning transaction avoidance which apply to protect the integrity of an estate which is the subject of insolvency proceedings. It is a curiosity of the Act that despite its title it provides no definition of ‘insolvency’ for these purposes but refers instead to ‘inability to pay debts’. The advantage of this looser terminology is that it embraces both cash-flow (or ‘commercial’) and balance sheet measures of a company’s financial difficulty.
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