CVA PROPOSAL
What
is a CVA?
A CVA is a Company Voluntary
Arrangement with its creditors, which allows the business to pay its debts off
over time whilst turning its business around.
In most cases a businesses creditors
do support businesses choosing to enter a CVA as the other option is simply to
liquidate the business in which case the creditors may receive little or no
repayment of what they are owed. The CVA however must be reasonable and
achievable.
CVA's can only be used if a company is insolvent
but is still viable, the CVA proposal must also be approved by 75% of the
businesses creditors. Once approved the CVA forms a legally binding agreement
that binds all creditors to the agreement whether they voted in support or
against the CVA.
The purpose of a CVA is to rescue
the business whilst also being in the best interests of their creditors.
The
advantages of a CVA are:
- The business is protected from further action being taken by creditors
- Directors get more time and breathing space to turn the business around without fear of legal action
- Many creditors support the use of CVA's and will work with businesses who try to rescue their businesses.
- The process allows structured payments to be made
- It's a cost effective insolvency solution which can be used to resolve financial difficulties
- Directors can initiate the CVA
- Constructive and positive way of dealing with insolvency and debt
- The arrangement is legally binding
- The business can continue trading, and can work its way out of debt
- The business is given time to restructure the organisation so that it can return to profitability.
- The process costs less than other insolvency procedures
- The directors conduct is not investigated as part of the procedure
How
to start a CVA proposal
The CVA can either be started by the
company directors or a Liquidator or Administrator, once the decision has been
made to enter into a CVA the procedure needs to be run by a Licensed Insolvency
Practitioner. During the process the company and its positioning in the
marketplace will be assesed and a proposal will be drawn up. The Directors of
the business and the creditors will have the opportunity to discuss this
proposal, once the proposal has been agreed the proposal needs to be signed off
to ensure that it is accurate, reasonable and achievable.
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