juris

Section 178: Meaning of “inability to pay debts”

Insolvency Act · PART III: WINDING UP AND ALTERNATIVES

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

178. Meaning of “inability to pay debts” Unless the contrary is proved, and subject to section 179, a company is presumed to be unable to pay its debts as they become due in the ordinary course of business where— (a) the company has failed to comply with a statutory demand; (b) execution issued against the company in respect of a judgment debt has been returned unsatisfied; (c) a person entitled to a charge over all or substantially all of the property of the company has appointed a receiver under the instrument creating the charge; or (d) a compromise between a company and its creditors has been put to a vote in accordance with Part XVII and Part XVIII of the Companies Act but has not been approved.

Ask juris about this section Official source