6 minute read
When a business is struggling with debt, it can be difficult to know what to do next. Creditors may be chasing payment, cash flow may be under pressure, and directors may be worried about whether the company can continue trading.
A Company Voluntary Arrangement, often shortened to CVA, can be one way to deal with company debt while keeping the business alive. It is a formal insolvency procedure that allows a company to reach an agreement with its creditors to repay what it can afford over an agreed period.
In this guide, we explain what a CVA is, how the company voluntary arrangement procedure works, when it may help, and what happens if creditors reject the proposal.
What Is a CVA?
A CVA is a formal agreement between a limited company and its creditors. It allows the company to repay its debts over time, based on what the business can realistically afford.
The arrangement is prepared with the help of a licensed insolvency practitioner. They review the company’s financial position, prepare the proposal, and communicate with creditors. If the CVA is accepted, the company makes agreed payments into the arrangement, and the insolvency practitioner distributes funds to creditors.
A CVA is designed for companies that are insolvent or under serious financial pressure, but still have a viable future. Unlike liquidation, a CVA does not automatically mean the business closes. In many cases, the company can continue trading while repaying creditors through the agreed arrangement.
What Is a CVA in Business?
In business, a CVA is a rescue tool. It gives a company breathing space by creating a structured repayment plan with creditors.
A company in voluntary arrangement may be able to continue operating, keep staff employed, maintain customer relationships, and work towards recovery. This can be especially useful where the underlying business is sound, but temporary debt, reduced income, rising costs, tax arrears, rent arrears, supplier pressure, or loan repayments have created financial strain.
A CVA may help if the company can continue trading profitably once debt pressure is reduced, directors want to avoid liquidation if possible, and creditors are likely to support a realistic repayment proposal.
For directors, the key question is whether the company can afford the proposed payments while continuing to meet ongoing trading costs.
How Does a Company Voluntary Arrangement Work?
The company voluntary arrangement procedure follows a formal process. While every business is different, the main stages are usually similar.
First, directors seek advice from a licensed insolvency practitioner. The insolvency practitioner reviews the company’s debts, assets, cash flow, trading position, and future prospects. They will consider whether a CVA is suitable or whether another option may be more appropriate.
Next, a CVA proposal is prepared. This explains the company’s financial situation, what has caused the difficulties, how the business plans to recover, and what creditors will receive under the arrangement. The proposal needs to be realistic and supported by clear figures.
The proposal is then sent to creditors. Creditors are given the opportunity to review it and vote. For the CVA to be approved, at least 75% by value of the creditors who vote must support the proposal.
If the CVA is accepted, it becomes legally binding on all included creditors, even those who voted against it. The company then makes payments in line with the agreed terms. The insolvency practitioner becomes the supervisor of the arrangement and manages payments to creditors.
During the CVA, the company must continue to trade responsibly. Directors must keep up with new liabilities, including tax, wages, rent, supplier costs, and other ongoing expenses. If the company misses CVA payments or breaches the terms, the arrangement could fail.
What Happens If My CVA Is Rejected?
If your CVA is rejected, the arrangement does not go ahead. This means the company is not protected by the proposed repayment plan, and creditors are not bound by its terms.
Creditors may reject a CVA if they believe the offer is too low, the proposal is unrealistic, the company’s forecasts are weak, or they do not trust that the business can keep up with payments. Some creditors may also prefer another insolvency route if they think it would lead to a better outcome.
If a CVA is rejected, directors should take advice quickly. The company may still have other options, depending on its position. These could include renegotiating with creditors, revising the proposal, considering administration, or placing the company into creditors’ voluntary liquidation if recovery is no longer realistic.
Rejection does not always mean the end of the business, but it does mean directors need to act carefully. If the company is insolvent, continuing to trade without a realistic plan can increase risk for directors.
Advantages and Disadvantages of a CVA
A CVA can be a useful rescue option, but it is not right for every company. Directors should understand both the benefits and the risks before moving forward.
One of the main advantages is that the business may be able to continue trading. This can protect jobs, customer relationships, and future income. A CVA can also reduce immediate creditor pressure and create a clear repayment structure.
A CVA can also give directors more control than some other insolvency procedures. The existing directors usually remain in charge of the day to day running of the business, although the arrangement is supervised by the insolvency practitioner.
However, there are disadvantages too. A CVA can affect supplier confidence, credit terms, and business reputation. Some creditors may choose not to continue working with the company. The business will also need to keep up with CVA contributions and ongoing costs, so cash flow must be carefully managed.
A CVA is only suitable where the business has a realistic chance of recovery. If the company cannot trade profitably, or if future income is uncertain, a CVA may simply delay a more serious insolvency outcome.
Is a CVA Right for My Company?
A CVA may be right for your company if the business is viable but struggling under historic debt. It can work well where directors have a clear plan, realistic forecasts, and enough ongoing income to support both trading costs and CVA payments.
It may be worth considering a CVA if your company is facing creditor pressure, HMRC arrears, supplier debt, loan repayment issues, rent arrears, or cash flow difficulties, but still has a strong customer base and a route back to profitability.
However, a CVA is not always the best solution. If the business has no realistic prospect of recovery, cannot afford ongoing liabilities, or is continuing to lose money, other options may need to be considered.
At Simply Corporate, we help directors understand their options clearly and calmly. If your business is struggling with debt, we can guide you through the next steps and help you decide whether a CVA, restructuring, or another business rescue solution may be suitable.
FAQ’s
A CVA, or Company Voluntary Arrangement, is a formal agreement between a limited company and its creditors. It allows the company to repay debts over an agreed period while continuing to trade, provided creditors accept the proposal.
If your CVA is rejected, the arrangement does not go ahead and creditors are not bound by the proposed repayment plan. The company may need to consider other options, such as revised negotiations, administration, or liquidation, depending on its financial position.
If a CVA is approved, the creditors included in the arrangement are bound by its terms. This can help reduce creditor pressure, as those creditors must follow the agreed repayment plan. However, the company must keep up with the CVA payments and meet ongoing liabilities.
In finance, a CVA refers to a Company Voluntary Arrangement. It is a formal way for a company to restructure its debts by agreeing affordable repayments with creditors over a set period. Rather than paying all overdue debts at once, the company makes agreed contributions while continuing to trade, as long as the arrangement is approved and the business can keep up with payments.
Yes, in many cases a business can continue trading during a CVA. This is one of the main reasons directors consider a CVA. The company must still be able to trade responsibly and afford both ongoing costs and the agreed CVA payments.
No. A CVA is different from liquidation. A CVA is designed to help a company repay creditors over time while continuing to trade. Liquidation usually means the company stops trading, assets are realised, and the company is closed.
Get in touch and let our team help you.
The Town Hall
Burnley Road
Padiham
BB12 8BS