Can a charity still operate when insolvent?
While insolvency does not mean a charity must immediately cease operations, trustees must act with great care to avoid worsening the financial position of creditors. If the charity cannot recover, formal insolvency procedures may be necessary.
Charity insolvency vs. business insolvency
Although the liquidation process is similar for businesses and charities, charities may be structured as incorporated or unincorporated entities, which affects how they handle insolvency. The structure determines the appropriate insolvency procedures and the extent of trustees’ liabilities.
Early warning signs of insolvency
- Inability to meet payroll.
- Frequent overdraft use.
- Auditors refusing to sign accounts.
- Cash flow forecasting shows unsustainable liquidity levels.
- Misuse of restricted funds for daily operations.
- Late HMRC payments.
- Suppliers refusing further credit.
- Legal actions including County Court Judgments (CCJs) or statutory demands.
If your charity is experiencing any of these issues, seeking expert insolvency advice is essential.
Our charity specialist Jo Watts
Jo Watts’ work for charities began whilst working as a manager at a firm of accountants, where she was asked to assist a partner with a pitch for the audit work of a local charity. After winning that contract, Jo quickly became the firm’s charity accounting and audit specialist.
An opportunity later arose to work with the same charity on secondment for one day a week to bolster the charity’s accounting department during a crisis. This piqued Jo’s interest in working with charities, and so she decided to extend her skills by completing a Diploma in Charity Accounting (DChA) in 2009. This provided Jo with additional knowledge to enable her to make a real difference to organisations in the charity and voluntary sector.
Two years later, Jo was invited to become a trustee for another local charity, a role that she still holds today and attends regular Trustee meetings. Upon qualifying as a licensed insolvency practitioner, Jo has been able to leverage the experience she gained within the charity sector by continuing as a specialist in this sector.
Director
- 01603 877861
- 07919 896981
- jowatts@mw-w.com
- Prospect House, Rouen Road, Norwich, NR1 1RE
JIEB Qualified Manager
- 01603 877546
- kellygoodman@mw-w.com
- Prospect House, Rouen Road, Norwich NR1 1RE
Is liquidation the right option for your charity?
Check the health of your charity with our free health check tool. Get an indication as to whether your charity has what it needs to survive.  Includes:
- Health assessment
- Types of liquidation available
- Options & next steps
*All informaton provided is completely confidential and will not be shared with a third party
Free advice line for distressed company directors > 08003317417
The charity insolvency process
Early identification and assessment:
- Monitor cash flow issues, reserve depletion, or loss of key funding sources.
- Identify the risk of insolvency early and seek professional advice.
- Trustees should engage an insolvency practitioner for guidance.
Consultation and financial review:
- The insolvency practitioner assesses the charity’s financial health and risks.
- A cash flow forecast and balance sheet for the next 6-12 months will be reviewed.
Trustee meeting and decision-making:
- A trustee meeting is arranged within 1-2 weeks of the initial consultation.
- The insolvency practitioner presents options, such as an orderly wind-down, continuing operations under financial oversight, or entering formal insolvency proceedings.
Developing an action plan:
- If winding down, a timeline is created considering staff redundancy and service continuity.
- If liquidation is necessary, the practitioner helps prepare for formal proceedings.
- Vulnerable service recipients must be prioritised.
Legal and financial compliance:
- Trustees must carefully review restricted vs. unrestricted funds to avoid misuse.
- All decisions must be documented to demonstrate proper governance.
Formal insolvency proceedings (if required):
- The insolvency practitioner ensures legal obligations are met, including notifying the Charity Commission.
- The remaining assets may be distributed to similar organisations or used to cover liabilities.
Ongoing communication and support:
- Trustees receive continuous guidance and emotional support during the process.
Post-insolvency steps:
- Any surplus funds may be transferred to another charity in the same sector.
- The insolvency practitioner may assist in producing a report documenting lessons learned.
Key challenges for charities in insolvency
- Charities rely on large, infrequent donations, making cash flow management difficult.
- Mismanagement of restricted and unrestricted funds can cause legal issues.
- Many trustees rely on a single staff member for financial oversight, creating governance gaps when they leave.
- The NCVO survey states that 43% of charities struggle with trustee vacancies, limiting good governance practices.
How to protect your charity
- Monitor financial health proactively and seek professional advice early.
- Maintain proper governance and compliance with funding rules.
- Ensure trustees document decisions carefully to avoid personal liability.
Recent case studies
How can we help - Book a free 1-2-1
If your company is struggling with unmanageable debts, decreased cashflow or concerns about about your company’s future, we can assess your situation and provide you with tailored solutions and options.
During your free initial advice meeting, we will discover a true picture of your company’s financial situation
and offer practical and expert guidance on your next steps.
Initial meetings can be held at our office or your premises and are completely confidential.
There is no charge for this meeting – charges only apply if and when terms of engagement have been agreed.
Charity structures and insolvency procedures
Incorporated charities:
- Charitable Incorporated Organisation (CIO)
- Charitable Company Limited by Guarantee
Rescue options for incorporated charities:
Unincorporated charities:
- Unregistered Company
- Unincorporated Association
- Trusts
Rescue options for unincorporated charities:
Trustee responsibilities during insolvency
- Ensure proper management of restricted and unrestricted funds.
- Act in the best interests of creditors and beneficiaries.
- Engage with accountants, solicitors, and the Charity Commission.
- Seek professional advice early and document all decisions.
Trustee Personal Liability
- Trustees may be personally liable if they mismanage funds or act negligently.
- Wrongful Trading: Continuing to operate while insolvent can make trustees liable for debts incurred.
- Fraudulent Trading: Trustees found guilty of fraud face legal consequences.
- Personal Guarantees: If a trustee personally guarantees debts, they may be held liable.
FAQs
Is insolvency the same as liquidation?
Does a charity have to stop trading if insolvent?
Do charities have to pay redundancy?
Yes, charities must pay redundancy if employees are eligible even during insolvency as redundancy payments are a legal obligation. Â
If the charity cannot afford them, trustees may need to seek funding solutions or negotiate with restricted funders.
Early planning and professional advice are essential to ensure compliance and manage these costs effectively. Contact a member of our team today for more advice on redundancies during insolvency.
How do creditors affect a charity?
How do I know if my charity is insolvent?
If your charity is facing financial distress, you are not alone. Our expert team is here to support you through this challenging period with proven charity rescue procedures.
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likely to need to consider.
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