What are the advantages and disadvantages of a Company Voluntary Arrangement (CVA)
A Company Voluntary Arrangement (CVA) is a formally agreed payment plan tailored to help insolvent companies repay their debts for up to five years. CVAs are carried out by licensed insolvency practitioners like those at Wilson Field. The process can benefit the company in multiple ways, including stopping creditor action, and writing off the remaining unsecured debt once the arrangement concludes. It’s also important to understand the process’ implications for your company.
Advantages of a CVA
A CVA has many benefits, including but not limited to:
- Allows the company to continue trading
CVAs allow the company to continue trading while repaying its debts in affordable instalments over a period of up to five years. Staying open continues the brand, preserves jobs, and helps maintain a goodwill and positive reputation with its customers.
- Helps with cash flow
Repaying the company’s debts over a longer period and in affordable instalments helps improve its cash flow.
- In creditors’ best interest
Creditors may prefer the company enter a CVA as they’re more likely to receive recovered funds than through other insolvency options.
- Directors retain control of the business
The insolvency practitioner doesn’t partake in the company’s day-to-day running, so directors maintain control of the company throughout the arrangement, making the process an appealing way for directors to continue operations while managing the debts.
- Creditor pressure is paused, giving the company time for turnaround
Once the arrangement comes into force, the company is protected from the pursuit of legal action like CCJs or winding-up petitions and unsecured creditor pressure related to the included debts.
Dealing with creditor pressure - Remaining unsecured debt is written off at the end of the CVA process
Because the figure agreed in the monthly repayments is based on the company’s position to repay its debt and has been approved by creditors, any remaining unsecured debt included in the arrangement is written off. This means that creditors may take no further legal action once the CVA concludes, even though they may not have received the full amount that they were owed.
- Breathing space and increasing the chance of survival
By providing breathing space, the company can implement measures to increase the company’s revenue and restructure its operations, a CVA can increase the likelihood that the company will survive and return to a profitable state, benefitting the employees, creditors, and shareholders.
- Interest rates frozen
Any debts submitted as part of the CVA will have their interest frozen for the arrangement’s duration.
- Shows a willingness to repay
Entering a CVA demonstrates that the company is committed to repaying what it owes and finding a solution to its financial issues, and in doing so, helping maintain a good reputation.
- Less intrusive, expensive, and time consuming than administration or liquidation
While administration and liquidation can negatively impact the company’s public image, CVAs can avoid this as they allow the company to continue trading. The process can also be less time consuming and expensive than those other insolvency procedures.
- Director conduct is not investigated
As the process doesn’t involve liquidating the company, director conduct in the time leading up to the period of insolvency is not investigated.
- Potential for flexibility
CVAs can be more flexible than other insolvency arrangements. So, if your company’s situation changes and it’s unable to meet its repayments, the insolvency practitioner can propose a variation to creditors. Repayments could be reduced for a period, or creditors may permit a payment holiday.
- Tailored to your company’s affordability
Once the IP has assessed your company’s financial situation, the monthly repayments are tailored to what it can afford.
How CVA fees are charged
Disadvantages of a CVA
A CVA does have drawbacks to consider when deciding if it’s right for your company:
- Company credit rating is affected
A CVA negatively impacts a company’s credit rating, although insolvency means it’s probably already affected. During the first few years, you may have to pay for goods on a proforma basis as it will be harder to get credit. Once the CVA is over, the company can start to rebuild its credit rating.
- Legally obliged to adhere to the scheme
While there is an element of flexibility in amendments to the agreement (if accepted by creditors), the CVA terms will be quite strict in what it expects of the company.
- A CVA’s failure can lead to further insolvency measures
Failing to keep to the CVA’s terms can lead to further insolvency procedures.
What can happen if a CVA fails? - Creditors need to approve the proposed arrangement
Creditors need to be convinced that a CVA would provide them a better return than if the company were to close. They can still push for liquidation if they’re not convinced.
Alternative Solutions
A CVA might not be suitable for your company, either because the volume of debt is too much or if your creditors reject the proposal. In either case, you could explore alternative debt-relief solutions.
- Company Administration
Company administration involves restructuring the company, allowing trading to continue with the intent of rescuing the business.
More on administration - Time to Pay
If your debt is to HMRC, you can explore applying for a Time to Pay Arrangement.
More on Time to Pay Arrangements
More company recovery options
- Voluntary Liquidation
Creditors Voluntary Liquidation (CVL) closes the insolvent company in an orderly process. This process winds up the company, allowing its directors to walk away and start afresh.
More on Creditors Voluntary Liquidation - Pre-arranged sale
If the core business could be profitable without the debt and unmanageable creditor pressure, pre-pack liquidation could help, closing the old, insolvent company and letting the business continue in a new one, free from its debts.
More on pre-pack liquidation
More about company closure
How we can help
We can assess your company’s situation completely free of charge, with all initial advice and telephone or face-to-face meetings without cost or obligation. We can see if a CVA would be appropriate for your company to undergo and fill you in on the ins and outs of the whole procedure, guiding you through the collation of information and keeping you informed throughout the process.
- Contact one of our initial advisors via phone or online chat. We will assess your circumstances and, if suitable, arrange a free consultation with a consultant to further discuss your company’s situation.
- We will explore the options available to your company. If a CVA could be a viable solution for its debts, we will collate the required information, draft your proposal, and put it to your creditors, who’ll vote on the proposal.
- If approved, the CVA’s monthly payments begin, and the insolvency practitioner will distribute funds to the creditors on a pro-rata basis. Once the arrangement concludes, the remaining unsecured debt is written off.
Apply for a CVA
In summary
There are advantages and disadvantages to consider when deciding if a CVA is suitable for your company. It is important to remember that a well-put-together CVA is one of the few routes out of debt which allows the company to remain open, trading, and with the director at the helm of proceedings. It gives companies a good chance at a fresh start with unaffordable, unsecured debt entirely written off upon its completion.
Case Studies
Designer Recliners Limited
Kelly Burton • Manufacturing • Administration, Company Voluntary Arrangement (CVA)
A Sheffield furniture manufacturer and upholster has relaunched offering a smaller, more specialised range of products.
Anico Interiors Limited, which included reclining chairs for the elderly, had suffered cash flow problems and issues with profitability.
Designer Recliners Limited, managed by director Nick Wall, has purchased the assets and business of Anico saving all 11 jobs.
Andy Wood and Robert Dymond from Sheffield business turnaround experts Wilson Field were appointed joint liquidators on 8 June and advised on the sale of the 14-year-old company, based on Orgreave Crescent at Orgreave Industrial Estate, as a going concern.
Andy Wood, associate director and insolvency practitioner at Wilson Field said:
“Historically, the company offered a wide range of products but has now streamlined its offer to customers and cut out some unprofitable lines, as well as re-vamped its web site.
“Directors took advice from Wilson Field with the business sold to new company Designer Recliners Limited as a going concern, safeguarding all 11 employees’ jobs. The new company will offer the same service and standards under the same management team but focus on a smaller range of specialised products.”
The company employs skilled staff including upholsterers, seamstresses and cutters and was set up in 2002 by Nick Wall.
Silcox Coach Company
Kelly Burton • Automotive • Company Voluntary Arrangement (CVA)
Pembrokeshire-based Silcox Coach Company, which operates school transport as well as local bus services, has been placed into administration today.
Despite attempts by administrators from Sheffield-based Wilson Field to secure a buyer with various interested parties, the 134-year-old company, which operated a fleet of 65 coaches and buses from its base in Pembroke Dock, has now ceased trading.
Insolvency practitioners Kelly Burton and Joanne Wright from Wilson Field Limited were appointed by shareholders after the company experienced financial difficulties and as a result all 92 staff jobs have been made redundant.
However, in the region of 50 staff have been re-employed by Edwards Coaches of Pontypridd who have been granted the local authority contracts previously operated by Silcox.
Kelly Burton, director and insolvency practitioner at Wilson Field said:
“Silcox Coaches was a fourth generation bus and coach operator and over the years provided various forms of transport services latterly focussing local authority community bus routes, school services, coach hire and coaching holidays.
“The company had an excellent reputation within the industry, the local community and its clients. Initially there were a number of parties interested in buying the business and assets and we had hoped to save all the jobs of the loyal workforce. Sadly, despite our best efforts none of these came to fruition. On the positive side, Edwards Coaches of Pontypridd have re-employed approximately 50 of those staff.”
As well as office accommodation in Pembroke Dock, Silcox also occupied a small travel office in Tenby and a large bus and coach compound near the offices in Pembroke Dock.
Edwards Coaches is the largest family owned coach company in Wales employing over 500 staff and operating 260 vehicles. It currently operates National Express coaches from Haverfordwest departing daily to Cardiff, Heathrow, Gatwick London and various other destinations plus transportation for over 8000 students to school or college each day from bus depots all over South Wales.
It also operates coach holidays for 80,000 passengers a year across the UK and Europe and operates The Edwards’ Red Dragon coach which is the official carrier of the Wales Rugby Team.
Travellers who have booked and pre-paid for a holiday with Silcox may be entitled to a refund and should contact either Bonded Coach Holidays (BCH) e-mail: bch@cpt-uk.org or The Confederation of Passenger Holidays UK (CPT) Tel: 020 7240 3131.
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