A guide, not advice. This explains how things generally work. A licensed insolvency practitioner will tell you what applies to your company or to you.
What is a Declaration of Solvency?
The Declaration of Solvency is the sworn statement that makes a Members' Voluntary Liquidation possible: a formal declaration by the directors that the company can pay all of its debts, with statutory interest, within 12 months.
What you're actually declaring
The declaration includes a statement of the company's assets and liabilities and is sworn within the five weeks before the winding-up resolution - and it must cover everything: trade creditors, final tax bills, contingent and disputed liabilities, and the costs of the process itself.
The commonest oversights are the quiet liabilities - a final corporation tax charge, VAT on asset disposals, warranty and lease tails - which is why the declaration is prepared with the practitioner rather than signed on optimism.
Why it's taken seriously
Swearing a declaration without reasonable grounds is a criminal offence - and if the company proves unable to pay its debts in the 12 months, directors face a rebuttable presumption they lacked those grounds.
Practically, a failed declaration converts the MVL into a Creditors' Voluntary Liquidation, with the delay, cost, and scrutiny that entails.
Getting it right
Reconcile every liability before swearing; where genuine doubt exists about solvency, resolve it first - or accept the company's route is a CVL, not an MVL - and let the practitioner's checklist, not the calendar, set the signing date.
Call our licensed insolvency practitioners in Manchester on 0333 023 5090 - free, confidential, and directly with an ICAEW-licensed IP.
InsolvencySupport.co.uk is operated by Xeinadin Corporate Recovery Limited (company no. 11415156), 8th Floor, 100 Barbirolli Square, Manchester M2 3BD. Our insolvency practitioners are licensed and regulated by the ICAEW.
This page is intended for general information purposes only and does not constitute financial, legal, or professional advice. Always take advice from a licensed insolvency practitioner about your specific position.
