BACKGROUND
The National Insolvent Trading Program is a focused approach to dealing with possible insolvent trading before it occurs. It involves a review of a company for the purposes of ensuring compliance by directors of their duties as set out in section 180 of the Corporations Act 2001 (the Act) and directors' duties to prevent insolvent trading under section 588G of the Act
As part of its national Insolvent Trading Program, ASIC visited between 2006 and 2010 some 1,530 companies where it had concerns about the respective companies solvency.
This program sought to increase awareness of a director’s statutory responsibility to prevent insolvent trading. A copy of the report is avaiable. To view the report, click here.
REPORT FINDINGS
ASIC have prepared a report outlining its findings, setting out 4 key messages for directors:
- The need to maintain appropriate books and records
- Identitfy insolvency concerns ans assesses avaiable options
- Where there are solvency onverns, seek professional advice from a suitable qualified person as to the oprions for dealing with those concenrs
- Act on the advise received in a timely matter
In addition in July this year, ASIC released regulatory Guide 217, Duty to prevent insolvent trading: Guide for Directors (RG 217). The aim of the guide was to provide directors with the key issues they needed to consider in ensuring they complied with their duty. A copy of this guide is available. To view the guide, click here.













