CVA (Company Voluntary Arrangement) is a legally binding agreement, governed by The Insolvency (England and Wales) Rules 2016, between creditors and the debtor (your company), controlled by a Licensed Insolvency Practitioner.* This arrangement is designed to pay and write off company debts in England, Wales, Northern Ireland and Ireland. It only applies if you, as a director, consider your business to be viable, i.e. generating turnover and income, but you have a problem with older debts, the amount or repayment terms of which are disrupting your business.

*Licensed Insolvency Practitioner (IP). This is a person who is licensed and authorised to act for an insolvent individual, partnership or company. Most IPs are accountants or insolvency practitioners working in accountancy firms. The IP must be licensed, have passed an insolvency examination (JIEB). Professional experience in bankruptcy is also necessary. IPs must comply with the law and their work is monitored by regulators.

BENEFITS

• full or partial discharge of debts
• in most cases, the CVA provides for the continuation of your business
• after three to five years, your company is free of debt
• after a period of 3 to 5 years, your company can again gain creditworthiness
• after the conclusion of the CVA, your company is legally protected from creditors
• a CVA does not exclude the restructuring of the company to improve its financial performance
• in case of redundancy, your salary can be paid in instalments
• the directors retain full control of the company
• a CVA is an alternative to Liquidation and Administration of the company, which is also beneficial for creditors
• every debt of the company should be included in the CVA (there can be very unusual exceptions)
• with us your company will not incur any additional costs
• as a result of the CVA you will pay one consolidated instalment, the amount of which will be determined on the basis of the financial capacity of your company
• interest, collection costs or other fees are frozen
• you avoid loss of income and loss of your position as director
• all bailiff and debt collection activities against your company will be stopped
• a CVA is a discreet solution to a problem, as opposed to bankruptcy
• the CVA can terminate employment contracts, rental agreements and supply contracts if these are unfavourable to your business
• a CVA removes employees without incurring severance or termination costs
• a CVA involves much lower costs than administration and is not publicly announced

WHAT YOU NEED TO BEAR IN MIND

• if you are operating as a Sole Trader or Partnership, your protection will be slightly less than a Limited Liability Company
• during the CVA the company itself cannot take out new loan commitments, open overdrafts, set up credit cards etc.
• if the company stops paying the minimum CVA fee, the contract may be terminated. This may force the company to make less favourable arrangements
• the person representing the company must be honest and scrupulous in obtaining the CVA because there is a risk that creditors will question irregularities that will lead to the liquidation of the company