Company Voluntary Arrangement

A company voluntary arrangement (CVA) is an effective tool for businesses that are viable in the long run but are struggling with debt.

It is a suitable option for companies that need to address their financial difficulties and repay their creditors over time without entering into formal insolvency proceedings.

A CVA is often used by businesses that want to avoid liquidation, which can be costly and time-consuming. It is particularly useful for small to medium-sized businesses, which may not have the resources to weather financial difficulties without the support of creditors.

Additionally, this insolvency process allows a company to continue trading, which can be crucial for maintaining a customer base, preserving employment, and generating revenue.

Overall, it provides a viable solution for businesses that want to address their debts while retaining control of their operations and working towards a more sustainable future.

What is a Company Voluntary Arrangement?

A legally binding agreement known as a Company Voluntary Arrangement serves as a strategic mechanism between a company and its creditors, creating a structured pathway for repaying debts over an extended period.

This approach becomes particularly pertinent during financial challenges when a company grapples with meeting its financial obligations. It is a tool for promoting sustainability, facilitates a methodical restructuring of debts, allowing the business to sustain its operations.

Initiated by the company’s directors, the implementation of an arrangement hinges on securing approval from a majority of creditors. Once authorized, the company gains a shield against legal actions from creditors, empowering it to concentrate efforts on repaying debts. The agreement’s stipulations may involve reducing debt, modifying repayment terms, or deferring settlements.

Executing a company CVA may also necessitate operational modifications, such as the closure of specific locations or a reduction in the workforce.

The successful enactment of the binding agreement, coupled with steadfast adherence to its terms, serves as a lifeline steering the company away from the brink of bankruptcy, ensuring its continuity as a going concern. Non-compliance with its terms, on the other hand, could trigger administration or liquidation.

Benefits of a Company Voluntary Arrangement

There are several main benefits to a Company Voluntary Arrangement for a struggling company:

1. Allows the company to continue trading: A CVA enables the company to continue operating as a going concern, rather than being forced into bankruptcy or liquidation. This can help to preserve the value of the company and its assets, and may provide the company with the opportunity to turn its fortunes around.
2. Restructures debts: A CVA allows the company to restructure its debts in a more manageable and sustainable way. This may involve reducing the amount of debt owed, changing the terms of the debt, or delaying repayment of the debt.
3. Protects the company from legal action: Once a CVA is approved, the company is protected from legal action by its creditors. This can provide the company with some much-needed breathing room to focus on restructuring its financial affairs.
4. Improves cash flow: By restructuring its debts and reducing its outgoings, a CVA can help to improve the company’s cash flow and make it more financially stable.
5. Increases the chances of success: A CVA can increase the chances of the company’s long-term success by providing it with the time and resources it needs to implement a viable business plan and turn its fortunes around.

What is the CVA Process

The process of a Company Voluntary Arrangement typically involves the following steps:

1. Preparation: The company’s directors work with a licensed insolvency practitioner (IP) to prepare a CVA proposal. This proposal outlines the company’s financial situation, the terms of the CVA, and the plan for repaying the company’s debts.
2. Creditor meetings: The IP convenes meetings of the company’s creditors to consider the CVA proposal. At these meetings, the creditors can vote to approve or reject the CVA.
3. Approval: If the CVA is approved by a majority of the company’s creditors, it becomes legally binding on the company and its creditors.
4. Implementation: The company works with the IP to implement the terms of the CVA. This may involve making changes to the company’s business operations, such as closing certain locations or laying off employees.
5. Monitoring: The IP monitors the company’s progress in meeting the terms of the CVA and reports to the creditors on a regular basis.
6. Completion: If the company successfully completes the CVA, it is released from its outstanding debts and can continue trading as a going concern. If the company fails to meet the terms of the CVA, it may be placed into administration or liquidation.

Step	Description
1	Preparation
2	Creditor meetings
3	Approval
4	Implementation
5	Monitoring
6	Completion

What is the role of shareholders in a CVA?

In a Company Voluntary Arrangement, the role of shareholders is to represent the interests of the owners of the company. Shareholders have the right to vote on the CVA proposal and to participate in shareholder meetings. However, unlike creditors, shareholders do not have a direct financial stake in the company and their votes are typically only advisory in nature.

During the implementation of the CVA, shareholders may be asked to contribute additional funds to the company in order to help it meet its financial obligations. The CVA will typically prioritise the interests of the creditors over those of the shareholders, and the shareholders may see a reduction in the value of their investment in the company as a result of the CVA.

It is important for shareholders to be aware of the potential risks and challenges associated with a CVA, as well as the potential benefits. Shareholders should carefully consider the CVA proposal and any potential impacts on their investment in the company before deciding whether to support the CVA.

What Does a CVA Proposal Contain?

A Company Voluntary Arrangement proposal is a document that outlines the terms of the CVA and the plan for repaying the company’s debts. A CVA proposal typically contains the following information:

1. A summary of the company’s financial situation, including details of its debts, assets, and business operations.
2. An explanation of the reasons for the CVA and the factors that have contributed to the company’s financial difficulties.
3. A description of the proposed restructuring of the company’s debts and financial affairs, including any proposed reductions in the amount of debt owed or changes to the terms of the debt.
4. A detailed business plan outlining how the company intends to turn its fortunes around and become financially stable.
5. A timeline for the implementation of the CVA, including any proposed delays in the repayment of the company’s debts.
6. A list of the company’s creditors and the estimated value of their claims.
7. A calculation of the estimated dividends that creditors can expect to receive under the CVA.
8. The names and addresses of the company’s directors and the licensed insolvency practitioner (IP) who will be responsible for overseeing the CVA.

The CVA proposal is an important document that creditors will consider when deciding whether to approve the CVA. It is important for the company to provide as much detail as possible in the proposal in order to give creditors a clear understanding of the company’s financial situation and the proposed restructuring plan.

How Long Does a CVA Proposal Take to Complete?

The length of time it takes to complete a Company Voluntary Arrangement proposal will depend on a number of factors, including the complexity of the company’s financial situation, the number of creditors involved, and the availability of the company’s directors and the licensed insolvency practitioner who will be overseeing the CVA.

In general, it can take several weeks or even months to prepare a CVA proposal. This process may involve gathering and reviewing financial information, negotiating with creditors, and drafting the proposal document. Once the CVA proposal is complete, it must be presented to the creditors for their consideration. This typically involves convening creditor meetings, at which the creditors can vote to approve or reject the CVA.

The length of time it takes to complete a CVA will depend on the specific circumstances of the company and the level of cooperation from the creditors. If the CVA is approved, it can take several months or even years for the company to implement the terms of the CVA and complete the process.

When Can a CVA Be Proposed?

A Company Voluntary Arrangement can be proposed at any time when a company is facing financial difficulties and is unable to meet its debt obligations as they come due. A CVA is typically used as a last resort when other options, such as negotiating with creditors or refinancing, have been exhausted.

A CVA can be proposed by the company’s directors or by a licensed insolvency practitioner who has been appointed to oversee the CVA. The directors or the IP will work with the company to prepare a CVA proposal, which outlines the terms of the CVA and the plan for repaying the company’s debts.

The CVA proposal must then be presented to the company’s creditors for their consideration. If the CVA is approved by a majority of the creditors, it becomes legally binding on the company and its creditors. The company can then begin implementing the terms of the CVA and working to repay its debts.

How Much Does a CVA Cost to Propose?

The cost of proposing a Company Voluntary Arrangement will depend on a number of factors, including the complexity of the company’s financial situation, the number of creditors involved, and the fees of the licensed insolvency practitioner (IP) who is overseeing the CVA.

In general, the cost of proposing a CVA will include the fees of the IP, as well as any legal and professional fees associated with preparing the CVA proposal and convening creditor meetings. The cost of a CVA may also include the cost of making any necessary changes to the company’s business operations, such as closing certain locations or laying off employees.

It is important for the company to carefully consider the costs associated with proposing a CVA and to ensure that it has the financial resources to pay these costs. The company may need to seek additional funding or make other arrangements in order to cover the costs of the CVA

Company Voluntary Arrangements Explained

Conclusion

A CVA is a powerful legal agreement that can help companies in financial distress get back on track. By allowing a portion of debts to be repaid over time, the company can continue trading while addressing historical debt. To proceed, the proposal must be supported by at least 75% of creditors by value.

Once approved, all unsecured creditors are bound by the arrangement, and the company can continue to operate under the guidance of its directors. The CVA is monitored by a licensed insolvency practitioner for a period of 3-5 years.

Overall, a CVA is the ideal solution for companies with a viable future, but need to overcome past debt. By addressing the root cause of the debt, directors can navigate through their financial challenges and return to profitability

At Business Insolvency Helpline our insolvency practitioners have extensive experience with proposing corporate voluntary agreements, these have a very high rate of approval and long-term success. For a free consultation send us an online enquiry or call us on 01246 912052