Business insolvency occurs when a company is unable to settle its debt payments to lenders as they become due because of a lack of assets. This can happen any number of ways, and may be the first step towards bankruptcy for a business.
Below, we talk about what you need to know about insolvency, steps you can take to bring your small business out of insolvency, and how it compares to illiquidity and bankruptcy.
Key Points
• Insolvency occurs when an individual or business cannot meet its financial obligations as they come due or when liabilities exceed assets.
• Insolvency is a financial state, not the same as bankruptcy, which is a legal process triggered by insolvency.
• There are two main types: cash flow insolvency, where a debtor cannot pay debts on time, and balance sheet insolvency, where liabilities exceed the value of assets.
• Insolvency can be addressed through debt restructuring, asset liquidation, or legal bankruptcy proceedings. Early action and negotiation with creditors can often prevent formal bankruptcy.
• Insolvency affects creditworthiness, business operations, and stakeholder confidence. For businesses, resolving insolvency efficiently is critical to maintaining operations or facilitating an orderly closure.
What Is Insolvency?
If you’ve never fully understood the meaning of insolvency, it’s defined as a state of financial distress in which an individual or company cannot repay the debts they owe to lenders or creditors. For example, a business may become insolvent if it’s unable to keep up with monthly payments due on their small business loans or money owed to vendors for goods and services they have already received.
Being insolvent often leads to bankruptcy, but insolvency by itself is not the same thing as bankruptcy. Before an insolvent company gets involved in any legal proceedings, they will likely be involved in informal negotiations with creditors, such as setting up alternative payment arrangements.
Recommended: What Happens if Business Loans Default?
How Does Insolvency Work?
Taking out small business loans is part of doing business and allows business owners to expedite growth. If a company takes on too much debt too quickly, however, it can lead to insolvency — a state in which it can no longer pay off its debts. If an insolvent company is not able to work out a way to repay the debts, it may face insolvency proceedings, in which legal action is taken against the business and its assets may be liquidated to pay off outstanding debts.
There are numerous factors that can contribute to insolvency. These include:
1. Lawsuits: Any business involved in a lawsuit (or multiple lawsuits) may be forced to spend large amounts of money for legal protection, and, if it loses, suffer financial penalties.
2. Increased production expenses: If a manufacturer increases its costs or it suddenly costs more to procure goods, these costs are directly passed down to the business. The business may pass down these costs to its customers, but it runs the risk of losing a percentage of its customer base. If it doesn’t pass down the costs, it is then forced to take a reduced profit margin. Both scenarios can lead to reduced cash flow, which in turn can lead to loan defaults.
3. Inability to pivot and adapt to a changing market: If customers start going to a new company or business for their needs, and the original business doesn’t do anything to attract those customers back, they could lose a significant amount in revenue as a result.
4. Human error: Keeping up with a business’s revenue and expenses can be complicated — especially as a business grows. Business owners or personnel who lack the appropriate accounting experience can suddenly find themselves short on cash to cover their liabilities.
Recommended: Solvency vs Insolvency: Defined and Explained
Types of Insolvency
There are two types of insolvency, which actually represent different degrees of insolvency.
Cash Flow Insolvency
Cash flow insolvency happens when a company doesn’t have enough in liquid assets to make its debt payments. It may have enough in total assets to cover its debts, but those assets cannot be easily liquidated (converted to cash). It’s not a good financial situation to be in, but the company probably has a few options moving forward. For example, a cash flow insolvent company can reach out to their creditors, who may be willing to restructure their debt or delay payments (giving them time to liquidate assets). If this happens, penalties or additional interest may be applied.
Learning how to calculate cash flow may help prevent cash flow insolvency, but many factors can contribute to this type of insolvency.
Balance Sheet Insolvency
Balance sheet insolvency occurs when a company or individual borrower doesn’t have enough in total assets to cover their total liabilities. When balance sheet insolvency occurs, the likelihood of a company going through bankruptcy at some point in the future is high unless it is able to find an angel investor or other infusion of cash, or it can significantly restructure its debt by working with its creditors.
Recommended: Line of Credit vs Credit Card
What’s the Difference Between Insolvency and Illiquidity?
When comparing insolvency vs illiquidity, there are a lot of similarities. Both are terms used to describe a business that is dealing with cash flow problems or operational inefficiencies. However, there are major differences, too.
Illiquidity is when a company does not have enough current assets to meet its current liability obligations. It’s the same as cash flow insolvency; however, illiquidity is not the same as balance sheet insolvency. Balance sheet insolvency is when a company’s total liabilities exceed their total assets, and it would not be able to fully repay its debts, even if it liquidated all of its assets. Illiquidity is a short-term problem; insolvency is often a long-term problem.
Insolvency vs Bankruptcy
The line between insolvency vs bankruptcy is also sometimes thin. The two may seem synonymous from a dictionary perspective, but from a legal point of view, they are different. Insolvency is a state of financial distress. Business bankruptcy, on the other hand, is an actual court order that depicts how an insolvent business will pay off their creditors.
A business that is insolvent has not necessarily filed for bankruptcy. There may be other tactics they can use to pay down their debt. Insolvency can often be reversed by negotiating with creditors or if a large amount of cash or large business payment is coming down the pipeline.
Someone who has filed for bankruptcy has determined that they have no other options to pay off their debt. The court will then determine if they have any assets that they can sell. Proceeds from the sale are given to creditors, and debts are discharged.
Bankruptcy can have a big effect on a debtor’s financial record, however, particularly their credit scores. Businesses that file for bankruptcy may have difficulty getting approved for many types of business loans during the period that the bankruptcy remains on their credit reports.
Recommended: Small Business Bankruptcy
Recovering From Insolvency
The best tactics for recovering from insolvency will depend on the type of company, as well as the reason behind the insolvency. However, moving from insolvency to solvency typically entails managing your debt and improving your cash flow.
Often, a good first step is to list all of your company’s debts in order of priority, then focus on debts that need to be paid immediately (such as those that could interrupt operations or lead to legal trouble if not paid on time). At the same time, you may want to reach out to your creditors to see if you can negotiate better repayment terms.
Another option to look into is refinancing your debt, which involves comparing small business loan rates and then combining several different loans into one, more affordable, payment.
In addition to managing debt, insolvent companies also typically need to decrease spending.
You may be able to do this by cutting out all unnecessary costs and/or finding cheaper suppliers for materials, stocks, and/or insurance.
Recommended: Business Cash Management: Tips for Managing Cash
The Takeaway
Insolvency is a term for when an individual or company can no longer meet their financial obligations to lenders as debts become due. There are two types of insolvency — cash flow insolvency and balance sheet insolvency. Of the two, balance sheet insolvency is the one most likely to lead to bankruptcy.
Becoming insolvent can happen for a variety of reasons, including poor business management and financial situations that are beyond a company’s control. Moving your company from insolvency to solvency may involve reaching out to lenders and creditors and restructuring your debt to make payments more manageable.
If you’re seeking financing for your business, SoFi is here to support you. On SoFi’s marketplace, you can shop and compare financing options for your business in minutes.
FAQ
What happens when you declare insolvency?
If the creditor is willing, you may be able to restructure your company’s debts so that you are able to pay them off. If they are not, you could potentially face insolvency proceedings, in which legal action is taken against your business and assets may need to be liquidated to pay off outstanding debts.
Is insolvency the same as liquidation?
Insolvency can lead to liquidation, but they are not the same thing. Insolvency is a state of financial distress in which a company is unable to pay its debts as they come due. Liquidation is the process of selling off a business’s assets and distributing any funds to creditors.
When is a business considered insolvent?
A business is considered insolvent when it is unable to pay off its debts with its assets. Cash flow insolvency is when a company doesn’t have enough liquid assets (cash or assets that can quickly be turned into cash) to pay its current debts. Balance sheet insolvency is when a company doesn’t have enough total assets (liquid or illiquid) to cover its debts.
Photo credit: iStock/elenaleonova
SoFi's marketplace is owned and operated by SoFi Lending Corp. See SoFi Lending Corp. licensing information below. Advertising Disclosures: SoFi receives compensation in the event you obtain a loan through SoFi’s marketplace. This affects whether a product or service is featured on this site and could affect the order of presentation. SoFi does not include all products and services in the market. All rates, terms, and conditions vary by provider.
This content is provided for informational and educational purposes only and should not be construed as financial advice.
Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.
Third-Party Brand Mentions: No brands, products, or companies mentioned are affiliated with SoFi, nor do they endorse or sponsor this article. Third-party trademarks referenced herein are property of their respective owners.
SOSMB-Q424-088