Register of Insolvencies
The register of insolvencies is a statutory register about the insolvency of individuals and businesses in Scotland.
Frequently Asked Questions - Q3
Q3. What is 'apparent insolvency'?
Apparent Insolvency is a legal term which means that you cannot pay your debts as they become due.
The most common types of evidence used to prove Apparent Insolvency are:
- An expired Charge for Payment – this is a legal document with the words ‘Charge for Payment’ at the top. It means that you owe money to your creditor and that you should pay them within 14 days. If you do not pay within this period, the Charge for Payment expires and can be used to prove you are apparently insolvent.
- An expired Statutory Demand – this is a legal document with the words ‘Statutory Demand’ at the top. It is a final formal demand for payment and if you do not pay within 21 days, the Statutory Demand expires and can be used to prove you are apparently insolvent.
These documents are normally served on you by a Messenger-at-Arms or a Sheriff Officer.