Abstract
This article focuses on solvency tests as an instrument of protecting creditors of business companies in the case of profit distribution to its shareholders. These tests form a key part of creditor protection in common law countries and they are currently the most relevant alternative to the system stemming from legal capital which is prevailing in continental Europe.
The aim of the article is to describe different types of solvency tests, including some examples of their practical use in the common law system and to analyze their advantages or disadvantages. Finally, it also deals with the question of replacing or supplementing the system of legal capital with solvency tests.