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.
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