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ACCA AAA · Chapter 32

Auditing aspects of insolvency

Your chapter at a glance. Open any section, or keep the whole map in view.

Financial distress, formal processes and trading

Insolvency assess position, options and reporting

Two indicators

  • Cash-flow: debts cannot be paid as they fall due
  • Balance-sheet: assets worth less than liabilities
  • Include contingent/prospective liabilities in assessment

Management responsibilities

  • Monitor current financial position and cash forecasts
  • Consider creditors’ interests as distress deepens
  • Seek timely professional advice and document decisions

Audit implications

  • Assess going concern basis and disclosures
  • Evaluate forecasts and historic financial information
  • Consider subsequent events and reporting effect

Purpose and effect

  • Opportunity to rescue company or improve outcome
  • Administrator takes control of management
  • Moratorium restricts creditor enforcement

Appointment and proposals

  • Court order or qualifying out-of-court appointment
  • Company insolvent or likely to become so
  • Administrator sets out proposals to creditors

Evaluate option

  • Assess viability, cash needs and stakeholders
  • Successful rescue may preserve jobs and repay creditors
  • Do not assume rescue is achievable

Winding up

  • Assets realised and proceeds distributed in order
  • Directors cease to manage; liquidator takes control
  • Company eventually dissolved

Main routes

  • Compulsory liquidation by court
  • Members’ voluntary: directors’ solvency declaration
  • Creditors’ voluntary: insolvent company

Priority matters

  • Costs, secured claims and preferential creditors
  • Fixed/floating security affects recovery
  • Unsecured creditors may receive only part
  • Equity shareholders rank last

Fraudulent trading

  • Business carried on with intent to defraud creditors
  • Knowing parties may face liability

Wrongful trading

  • No reasonable prospect of avoiding insolvent liquidation
  • Likewise no prospect of avoiding insolvent administration
  • Director knew or ought to have concluded this
  • Reasonable steps to minimise creditor loss matter

Examine and advise

  • Obtain current accounts, forecasts and board minutes
  • Test assumptions and prospects of recovery
  • Compare outcomes for creditors under available routes
  • Distinguish audit findings from legal conclusions

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