Insolvency Clawback

Avoidance Action

The administrator must demonstrate that the transaction occurred while the company was insolvent or that it caused the company to become insolvent. This showing can invalidate transfers of intellectual property or dividend payouts to parent entities. The process ensures that the collective interest of creditors is preserved.

Vulnerable Transaction

Transactions are particularly vulnerable if they occurred at an undervalue where the company received significantly less than market value. Preferential payments that place a specific creditor in a better position than others in a liquidation are also subject to this rule. This vulnerability spans up to two years before bankruptcy in many jurisdictions.

Asset Recovery

Successful actions force the receiving party to return the asset or pay equivalent cash value back to the estate. This recovery process is crucial during venture capital exits where previous share redemptions might be challenged by liquidators of a failing startup. This recovery risk dictates the need for solvent entity representations.