Understanding the Declaration of Solvency

Declaration of SolvencyThe Declaration of Solvency is a formal statement made by company directors in Hong Kong, affirming that the company can pay its debts within a specified timeframe, usually 12 months. This declaration is a legal requirement under the Companies Ordinance (Cap. 622) and is typically associated with specific events, such as the voluntary winding-up of a company.

Companies opting for voluntary liquidation must submit the Declaration of Solvency, assuring creditors that their debts will be settled. The declaration includes a statement of the company’s assets and liabilities, providing a comprehensive overview of its financial standing. Directors are legally responsible for the accuracy of this declaration, and any false statements may result in penalties.

This process contrasts with insolvent liquidation, where a company lacks the financial capacity to meet its obligations. The Declaration of Solvency aims to uphold transparency and protect the interests of creditors during the winding-up process. For businesses in Hong Kong, understanding and adhering to the requirements surrounding the Declaration of Solvency is pivotal when considering voluntary liquidation procedures.