Reckless trading

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A company may not carry on its business recklessly, with gross negligence, with intent to defraud any person or for any fraudulent purpose; or trade under insolvent circumstances.

A company satisfies the solvency and liquidity test if, considering all reasonably foreseeable financial circumstances of the company at that time-

  • the assets of the company exceed the liabilities of the company as fairly valued;


  • it appears that the company will be able to pay its debts as they become due in the ordinary course of business for a period of-
    • 12 months after the date on which the test is considered; or
    • in the case of a distribution, 12 months following that distribution.