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Company or Corporate Voluntary Arrangement (CVA): What Creditors Need to Know
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Understanding the CVA
When a limited company is struggling financially, the directors might consider a Company or Corporate Voluntary Arrangement (CVA) as an alternative to liquidation. This option is specifically available to limited companies. Sole traders and partnerships would need to explore different avenues, such as an Individual Voluntary Arrangement (IVA).
What is a CVA?
A CVA is a legally binding agreement between a company and its creditors, aimed at allowing the company to continue trading while repaying a portion of its debts over time, typically at a fixed rate. However, for creditors, a CVA often means that only a certain percentage of the debt will be recovered, if anything at all. While CVAs are generally seen as a way to avoid a company becoming completely insolvent, they are not always viewed positively by creditors due to the potential for limited returns.
The Proposal Process
The terms of a CVA are outlined in what is known as the “proposal.” This proposal is usually drafted by a Licensed Insolvency Practitioner, who charges a fee for their services – a fee that is paid by the company itself.
The Insolvency Practitioner will then call a meeting of the company’s creditors. For the CVA to be approved, 75% of the creditors (by value of the debt) must agree to it. This means that a single large creditor could have a decisive vote in the process.
Impact on Creditors
If the CVA is approved, it legally binds all creditors who were notified of the meeting, whether or not they chose to vote. The Insolvency Practitioner is then responsible for ensuring the company makes repayments according to the proposal terms, for which they charge an additional fee – again paid by the company.
During the CVA, creditors are prevented from taking independent action to recover their debts.
However, it is important to note that while CVAs are generally agreed upon by creditors to avoid the total insolvency of the company, they do not guarantee full repayment. Creditors are often left with only a fraction of what they are owed.
Public Record and Perceptions
Details of the CVA are made public and recorded at Companies House. This information is subsequently picked up by credit reference agencies and included in credit reports on the company. While a CVA might provide a company with an opportunity to reorganise and continue trading, it can also negatively impact its reputation. Many businesses are reluctant to engage with companies under a CVA, viewing them as high-risk. Customers might be hesitant to buy from them, and new suppliers could be wary of extending credit. This can make it challenging for companies to trade “normally,” contributing to a high failure rate for CVAs.
Summary
For creditors, a CVA is often a less-than-ideal outcome but can be a practical alternative to a company becoming insolvent. While it may result in only partial repayment, it can sometimes be the best available option. Understanding the terms, implications, and potential outcomes of a CVA is crucial for creditors navigating these challenging situations.
For more information, please contact helpdesk@top-service.co.uk.