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Solvency Confirmation Letter for the United Kingdom

Solvency Confirmation Letter Template for England and Wales

A Solvency Confirmation Letter is a formal document under English and Welsh law where a company's directors confirm the entity's solvency status based on both cash flow and balance sheet tests. The letter provides assurance to stakeholders about the company's financial position and ability to meet its obligations as they fall due. It typically includes current financial position details and may be supported by financial statements or projections.

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Solvency Confirmation Letter

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What is a Solvency Confirmation Letter?

A Solvency Confirmation Letter is commonly required during significant corporate transactions, refinancing, or when stakeholders need assurance about a company's financial stability. This document, governed by English and Welsh law, provides a formal declaration of a company's ability to pay its debts and meet its financial obligations. The letter typically includes current financial metrics, directors' confirmations, and may be supported by recent financial statements. It's particularly important in contexts where counterparties need comfort about the company's financial standing before entering into significant commercial arrangements.

What sections should be included in a Solvency Confirmation Letter?

1. Letter Header: Company details, date, and addressee information

2. Company Identification: Full legal name, registration number, and registered address

3. Solvency Statement: Express confirmation of company's solvency status based on both cash flow and balance sheet tests

4. Financial Position: Brief overview of current assets and liabilities

5. Director's Declaration: Formal declaration of accuracy and compliance with duties

What sections are optional to include in a Solvency Confirmation Letter?

1. Recent Financial Performance: Additional context about trading performance, included for complex transactions or when requested by stakeholders

2. Future Projections: Statement about expected future solvency, included when letter is part of a forward-looking transaction

What schedules should be included in a Solvency Confirmation Letter?

1. Latest Management Accounts: Recent financial statements supporting solvency confirmation

2. Cash Flow Forecast: Short-term cash flow projections supporting future solvency assessment

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Confirmation Letter

Sector

Sales

Cost

Free to use
Relevant legal definitions




















Clauses
















Industries

Companies Act 2006: Key legislation governing company operations in the UK, particularly sections 171-177 on directors' duties, provisions about solvency statements, and requirements for filing and record-keeping

Insolvency Act 1986: Defines insolvency tests (cash flow and balance sheet), wrongful trading (Section 214), and fraudulent trading provisions (Section 213)

Company Directors Disqualification Act 1986: Outlines directors' liability and responsibilities regarding solvency statements and potential consequences of breaching these duties

Common Law Duties: Established legal principles from case law that govern directors' behavior and decision-making

Fiduciary Duties: Legal obligations of trust and loyalty that directors owe to their company and shareholders

Duty of Care and Skill: Legal requirement for directors to exercise reasonable care, skill, and diligence in their role

Financial Services and Markets Act 2000: Additional regulatory framework applicable to regulated companies in the financial sector

Corporate Governance Code: Best practice guidelines for company management and control, particularly relevant for listed companies

Market Abuse Regulation: Regulatory framework governing market conduct and disclosure requirements for listed companies

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