In NSW, a person or company is considered insolvent if they are unable to pay their debts as they become due and payable. There are several conditions of insolvency in NSW that may indicate that a person or company is insolvent, including:
- 1.
Cash flow insolvency: This occurs when a person or company is unable to pay their debts as they become due and payable, even if they have significant assets.
- 2.
Balance sheet insolvency: This occurs when a person or company's liabilities exceed their assets, meaning they are unable to pay their debts even if they sold all their assets.
- 3.
Statutory demand: If a creditor serves a statutory demand on a person or company for a debt of $2,000 or more, and the debt is not paid or disputed within 21 days, this can be evidence of insolvency.
- 4.
Winding up petition: If a creditor or creditors serve a winding up petition on a person or company and it is not disputed, this can be evidence of insolvency.
- 5.
Arrears with the Australian Taxation Office (ATO): If a person or company is in arrears with the ATO and is unable to pay their tax debts, this can be evidence of insolvency.
If a person or company is deemed to be insolvent in NSW, there are several options available to them, including voluntary administration and liquidation for companies, and bankruptcy for individuals.