Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- When Do Startups And Small Businesses Need Economic Solvency Documents?
What Should Economic Solvency Documents Include? (A Practical Solvency Pack)
- 1. Cashflow Forecast (Short-Term And Medium-Term)
- 2. Aged Payables And Aged Receivables Reports
- 3. Current Liabilities Snapshot
- 4. Current Assets And Liquidity Snapshot
- 5. Key Contracts That Affect Cash Commitments
- 6. Solvency Declarations / Resolutions (Where Relevant)
- 7. Scenario Testing Notes (Best Case / Base Case / Worst Case)
- Key Takeaways
If you’re running a startup or small business, “solvency” can feel like one of those concepts you only hear about when something has gone wrong.
But in practice, keeping on top of your solvency position (and documenting it properly) is part of good governance and good risk management - especially if you’re growing, raising capital, entering bigger contracts, or dealing with lenders and suppliers.
This is where economic solvency documents can help. While this isn’t a defined legal term in Australia, we use it here to mean the practical records you keep to assess (and be able to explain) whether your business can pay its debts as and when they fall due, and what steps you’ve taken to monitor that. Done well, these records also help you make faster, clearer decisions when cashflow gets tight.
Note: This article is general information only, not legal, financial, tax, accounting or insolvency advice. Solvency can turn on your specific circumstances. If you’re concerned about solvency or potential insolvent trading risk, speak with your accountant and get legal advice early (and consider an appropriately qualified restructuring/insolvency professional where needed).
Below, we’ll walk you through what these “economic solvency documents” usually include, when you should prepare them, and how to build a practical “solvency pack” that makes sense for Australian startups and small businesses.
What Are Economic Solvency Documents (And Why Do They Matter)?
For this guide, economic solvency documents are the written records and supporting materials you keep to assess, track, and demonstrate your business’s solvency (in the practical sense of being able to pay debts as they fall due).
In plain terms, they help answer questions like:
- Can your business pay its bills on time over the next weeks and months?
- Are you trading in a way that is sustainable, or are you drifting into a “cash crunch”?
- If a director or founder is signing off on a major decision, what information did they rely on?
- If a lender, investor, major supplier, or buyer asks, can you explain your financial position clearly?
For many small businesses, solvency monitoring is informal - you “know” what’s in the bank, and you “know” what’s due next week.
That can work early on, but it becomes risky as your business scales, takes on debt, hires staff, signs longer-term commitments (like leases), or introduces more complex payment cycles.
And if you operate through a company structure, keeping an eye on solvency isn’t just good practice - it can be relevant to directors’ duties and insolvent trading risk. Keeping clear records of what you considered (and when) can be important if decisions are ever scrutinised later.
Economic Solvency Documents Vs “Financial Documents”
Your business likely already has financial records (invoices, receipts, bank statements, tax records). Economic solvency documents are more purpose-driven: they’re the documents you use to evaluate solvency and show your reasoning and decision-making.
Think of them as the “solvency evidence trail” that sits alongside your bookkeeping.
When Do Startups And Small Businesses Need Economic Solvency Documents?
There’s no single moment when every business suddenly needs a formal solvency pack. But there are common triggers where having strong solvency documentation becomes particularly valuable (and sometimes expected by stakeholders).
Here are situations where we often see founders and directors needing clearer solvency records:
- You’re raising money or bringing in co-founders: investors and sophisticated partners will often expect evidence of how you monitor financial health, alongside governance documents like a Shareholders Agreement.
- You’re signing large contracts or long commitments: for example, taking on a new premises lease, committing to minimum order quantities with a supplier, or entering a multi-year services agreement.
- You’re expanding headcount: payroll is often the biggest fixed cost for a growing business. When you start hiring, it’s worth having clear, consistent documentation around workforce costs and commitments (and aligning this with your employment paperwork, such as an Employment Contract).
- Your cashflow is tightening: late-paying customers, rising costs, or seasonal demand dips can shift you from “fine” to “under pressure” quickly.
- You’re refinancing, seeking a loan, or offering security: lenders may ask for forecasts, aged receivables, and information supporting your ability to service repayments.
- You’re buying or selling a business (or assets): due diligence often involves assessing financial health and liabilities. This is one reason business sale processes usually include a structured checklist (like a completion checklist).
Even if none of these apply right now, building a solvency habit early can save you time later. You don’t want the first time you pull together a forecast to be when you’re already stressed and under pressure.
What Should Economic Solvency Documents Include? (A Practical Solvency Pack)
There’s no mandatory “one-size-fits-all” list, but a practical set of solvency records usually covers (1) what you owe, (2) what you’re owed, (3) what cash is coming in and going out, and (4) the assumptions behind it.
Below is a “solvency pack” you can adapt to your business.
1. Cashflow Forecast (Short-Term And Medium-Term)
A cashflow forecast is usually the core solvency document. It shows expected cash in and cash out over time (often weekly for 8–13 weeks, plus a monthly view for 6–12 months).
Include:
- expected customer receipts (based on invoices issued and expected payment dates)
- expected supplier payments (by due date)
- payroll and superannuation dates
- tax instalments (BAS/GST, PAYG withholding, etc.)
- rent, loan repayments, subscriptions, and other recurring costs
- one-off planned expenses (equipment, marketing campaigns, inventory buys)
What makes this a useful solvency document is not the spreadsheet itself - it’s whether it’s current, realistic, and used to make decisions.
2. Aged Payables And Aged Receivables Reports
These reports show what your business owes and what it’s owed, broken down by time (for example: current, 30 days, 60 days, 90+ days).
They help you spot:
- customers who are consistently late
- supplier bills you might struggle to pay on time
- whether you’re relying on “hopeful” income (like overdue invoices) to stay afloat
If you’re providing goods or services on credit terms, these reports become even more important - because your “profit” may not match your cash position.
3. Current Liabilities Snapshot
This is a plain-English list (or spreadsheet) of obligations that must be paid in the near term.
Include:
- supplier invoices due within 30–90 days
- ATO liabilities (GST, PAYG withholding, income tax payable)
- wages and superannuation obligations
- loan repayments and interest
- lease commitments
- any settlement payments, chargebacks, or dispute-related costs you’re aware of
This document is especially helpful when directors or founders need to make “go/no-go” decisions (for example, whether you can afford to commit to a minimum term contract or take on a new premises lease).
4. Current Assets And Liquidity Snapshot
To assess solvency, you’ll also want a clear snapshot of what resources you can access quickly.
This can include:
- cash at bank
- undrawn finance facilities (if any)
- inventory that can realistically be converted to cash (be cautious and conservative here)
- trade receivables you reasonably expect to collect soon
Keep this realistic. An “asset” that can’t be sold quickly (or can only be sold at a heavy discount) may not help you meet debts when they fall due.
5. Key Contracts That Affect Cash Commitments
Solvency isn’t just numbers - it’s also about the obligations your business has signed up to.
It helps to keep a folder of “cash commitment contracts” that your forecast relies on, such as:
- premises leases or licence agreements
- loan agreements
- major supplier agreements (especially where there are minimum purchase commitments)
- customer contracts with penalties, service credits, or refund obligations
- employment agreements and contractor arrangements
If you sell online, your customer-facing terms can also become relevant when assessing refunds, chargebacks, cancellations, and disputes - particularly under the Australian Consumer Law (ACL). Taking a compliant approach to Australian Consumer Law can help reduce unexpected outflows and disputes.
6. Solvency Declarations / Resolutions (Where Relevant)
If you operate a company, you may also prepare formal records of decisions and confirmations around solvency - for example, where directors resolve that the company is solvent at the time of a particular decision (or where they approve financial statements, declare dividends, or proceed with a major transaction).
Importantly, some decisions have specific legal requirements. For example, dividends generally can’t be paid unless certain tests are satisfied, and “solvent at the time” can involve more than just having cash today. In many cases, these records are kept as board minutes or written resolutions, and should be supported by up-to-date financial information (like the documents above) rather than a “tick-the-box” statement.
7. Scenario Testing Notes (Best Case / Base Case / Worst Case)
Startups in particular often rely on assumptions: growth rates, conversion rates, funding timelines, churn, and customer payment behaviour.
A simple scenario test can be one of the most useful solvency documents you create. For example:
- What happens if revenue is 20% lower for the next 8 weeks?
- What happens if your largest customer pays 30 days late?
- What happens if your cost of goods increases by 10%?
- What happens if fundraising takes 3 months longer than expected?
This doesn’t need to be complex - the goal is to identify risk early, and make decisions before you’re forced into them.
How To Create And Maintain Economic Solvency Documents (Without Overcomplicating It)
The biggest mistake we see is businesses treating solvency documentation as a once-off exercise.
Solvency is a moving target, especially for small businesses where a few late invoices can shift the picture quickly. A simple, consistent process is usually better than an “impressive” pack that no one updates.
Step 1: Set A Regular Solvency Check Rhythm
Many small businesses do best with:
- weekly cashflow forecasting (rolling 8–13 weeks)
- fortnightly aged receivables and payables review
- monthly deeper review (profit and loss, balance sheet, budget vs actual)
If your cash position is tight, weekly checks are essential.
Step 2: Assign Clear Ownership Internally
Even if you outsource bookkeeping, someone internally should “own” the solvency pack.
In a startup, that may be the founder, CFO/finance lead (if you have one), or an operations manager. The point is: solvency monitoring should not be purely reactive or “left to the accountant.”
Step 3: Keep Your Assumptions Transparent
Your forecast is only as reliable as your assumptions. If you’re expecting a funding round to close by a certain date, document:
- what stage the raise is at
- what evidence supports the timing
- what you’ll do if it slips
This matters because decisions are made on these assumptions - and if you ever need to explain what you relied on, a clear written record helps.
Step 4: Make Sure Your Legal And Commercial Docs Match Your Reality
Solvency risk often increases when your agreements don’t reflect how the business actually runs.
For example:
- If you’re extending credit to customers informally, do you have written terms that support payment timeframes and dispute processes?
- If you’re hiring quickly, are your contracts and policies consistent and clear?
- If you collect customer data through a website, are you meeting privacy obligations (which can affect dispute risk and compliance exposure)? Having a compliant Privacy Policy is a good baseline for many online businesses.
Strong contracts won’t solve cashflow problems on their own, but they can reduce avoidable disputes and help you enforce payment and performance expectations.
Common Solvency Risks For Startups And Small Businesses (And What Your Documents Should Capture)
Solvency records are most useful when they help you identify the real risks to your business, not just the “headline” numbers.
Here are some common solvency pressure points we see.
Customer Payment Risk
If a handful of customers represent a large portion of your revenue, you may be solvent “on paper” but exposed in practice.
Your documents should capture:
- customer concentration (who pays what % of your revenue)
- payment timing patterns (not just invoice dates)
- any dispute trends (refund requests, chargebacks, complaints)
Fixed Commitments That Don’t Flex With Revenue
Leases, payroll, loan repayments, and minimum supplier commitments can become dangerous when revenue dips.
Your documents should capture:
- which costs are fixed vs variable
- what you can reduce quickly if needed
- termination notice periods and break costs (where relevant)
Rapid Hiring (Or Over-Hiring)
Hiring is often essential for growth, but it’s also one of the easiest ways to create a cost base you can’t unwind quickly.
Alongside your employment documents, keep a clear record of:
- headcount plan and payroll forecast
- probation periods and notice periods
- contingency plans if revenue doesn’t hit targets
Over-Reliance On “Next Month’s Cash”
When solvency gets tight, it’s common for businesses to rely on “the money that should come in next month” to pay “the bills due this month.”
Your cashflow forecast and aged receivables report should make this visible quickly, so you can take early action (renegotiate payment terms, pause non-essential spend, follow up debtors, or restructure commitments).
Key Takeaways
- Economic solvency documents (as used in this guide) are the practical records you keep to assess and demonstrate whether your business can pay its debts as they fall due, and to show what information key decisions were based on.
- A practical solvency pack often includes a cashflow forecast, aged payables/receivables, a liabilities snapshot, a liquidity snapshot, key contracts that affect cash commitments, and scenario testing notes.
- Solvency documentation works best when it’s updated regularly (weekly or monthly) and used to guide real decisions - not treated as a once-off admin task.
- For startups and small businesses, solvency risks often come from customer payment timing, fixed cost commitments, rapid hiring, and over-reliance on future cash.
- Good legal foundations (like clear customer terms, employment arrangements, and a Privacy Policy) can reduce avoidable disputes and help your commercial arrangements match your financial reality - but if you’re worried about solvency, get professional advice early.
If you’d like a consultation on setting up the right legal documents and governance processes to support your business as it grows, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








