CCC continental coal limited

insolvency/in financial difficulty 101 asic, page-8

  1. abu
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    Duty to not trade while insolvent
    As well as general directors’ duties, you also have a positive duty to prevent your company trading if it is insolvent. A company is insolvent if it is unable to pay all its debts when they are due. This means that before you incur a new debt you must consider whether you have reasonable grounds to suspect that the company is insolvent or will become insolvent as a result of incurring the debt.

    An understanding of the financial position of your company only when you sign off on the yearly financial statements is insufficient. You need to be constantly aware of your company’s financial position.

    ...re underline - well that's a knife edge
 
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