what are the two types of insolvency?
what is factual insolvency?
L>A (fairly valued)
what is commercial insolvency?
company cannot pay debts when they become due
what happens if a company meets commercial / factual insolvency?
will not automatically be insolvent; these just indicate liquidity issues
what is the resp of mgmt with regards to GC?
assess whether and conclude whether the company is a GC and prepare the FS accordingly
what will mgmt use to make their judgement about GC?
what is the resp of the auditor with regards to GC?
what if there is no mention of GC uncertainty in the auditors report?
is not a guarantee that the entity is a GC
what are operating indicators of an incorrect GC assumption?
what is a letter of support?
NOT LEGALLY BINDING
document in which a parent undertakes to financially support a subsidiary with GC issues
what is the purpose of a letter of support for the auditor?
provides them with certainty about the GC of the subsidiary
what is a guarantee?
LEGALLY BINDING
the parent guarantees to pay some/all of the debts of the subsidiary
what is a subordination agreement?
legal agreement which establishes one debt as ranking behind others in the priority for collecting debtor repayments