Dec 14

A Company Voluntary Arrangement is, in effect, the last option a company can take before it is liquidated. The idea is that a company can arrange a deal with its creditors to pay back an agreed amount of money on a monthly basis in order to continue trading to resolve further financial difficulties. Once the arrangement has run its course, the remaining debt against the company is written off by the creditors.

The process of obtaining a CVA begins with a company director, administrator or a liquidator appointed to sorting out the company’s assets proposing a CVA to its creditors. Then, when a CVA has been proposed, an appointed insolvency practitioner must report to court to ascertain if a meeting with creditors and shareholders may take place to deliberate the CVA.

During the meeting, shareholders and creditors will be able to vote on if a CVA is a feasible alternative to the company being made insolvent. If 75% or more of the creditors that are able to vote (voting can be made by post) approve, then the CVA becomes legally binding. Once that happens, the insolvency practitioner becomes the supervisor of the Company Voluntary Agreement.

An approved CVA means that your business can continue trading to try to overcome the financial difficulties that have suppressed its production and profits. A CVA is like a protection/redemption plan for businesses that have fallen on hard times and are expected to turn a profit at some point in the future. Whilst in place, the CVA will protect the business against insolvency as long as the business continues to make the minimum repayments to its creditors.

If your company has been suffering from a protracted period of loss making, then it is likely that your creditors will not agree to a CVA, as there is little chance that you will be able to resolve the situation and therefore little that they would gain. Bearing that in mind, a CVA is most useful for businesses that have only recently experienced financial trouble or expect to be in the green in the forthcoming months or years.

Knowing and accepting the dire situation that your business is in is the first difficult step to recovery. If it is looking like recovery from your current position is untenable, then your best and only option is probably a CVA.

Next : CVA

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Aug 28

In the past, if a business was insolvent and didn’t have enough money or assets to pay its debts, there was little alternative to the company going into receivership, or liquidating the business to repay the creditors. However, these days, the government and the banks are keen to try and help companies in trouble, and a Company Voluntary Arrangement may provide a better solution to debt problems, and help more businesses to survive.

Companies can propose a Company Voluntary Arrangement to their creditors, as a method of formally agreeing how long it will take to repay their debts, and how much they are going to repay. If the creditors accept the CVA, and the company that owes the money keeps up with the payment schedule in the arrangement, there are a number of benefits.

Company Voluntary Arrangements are often the preferred option for businesses in trouble, because they will still be able to operate, as long as they comply with the terms of the CVA. How much money they have to repay could also be less than the full debt, and the CVA is a better option for creditors than liquidation, where they might actually recoup a significantly smaller amount of the money owed to them. A Company Voluntary Arrangement also means there will be no additional action taken by creditors to recover their money, as long as the company meets the terms of the Arrangement. A CVA is also a much less expensive than if the company chose to go into Receivership or Administration.

In order for a Company Voluntary Arrangement to be agreed, 75% of the business’s creditors need to be happy with the debt repayment proposal in the arrangement, which then means all of the company’s debts would then be covered by the arrangement. To ensure that creditors agree to a CVA, it is therefore important that a business puts forward as fair and honest a proposal as possible. It’s in the interest of the creditors and the company with the debts to make sure a CVA is agreed, and that it will work.

As an alternative to Receivership and Liquidation, Company Voluntary Arrangements are preferred by many creditors, who are likely to get more of their money back, as well as businesses in debt, because it gives them the protection and opportunity to trade out of their debt problems. If your business is affected by insolvency and you feel a CVA may be your best option, make sure you get advice from a professional as soon as possible. They will do everything they can to advise you on CVAs and the best way to make sure your business survives.

written by Credit Repair Guru \\ tags: , , ,