How much does a Company Voluntary Arrangement (CVA) cost?
There are no fixed costs to a Company Voluntary Arrangement. However, certain fees are incurred as the process is carried out by the insolvency practitioner (IP).
Here we discuss the costs applicable to the CVA process, how they are paid for, as well as the numerous benefits of the procedure.
How does a Company Voluntary Arrangement work?
Company Voluntary Arrangement (CVA) is a process whereby insolvent companies can set up a formal debt repayment arrangement with creditors.
The procedure is carried out by a licensed insolvency practitioner (IP), such as ourselves, who evaluates the company’s financial situation in order to ascertain the level of debt that the business can afford to repay. This is devised into a formal, legally binding repayment plan, meaning that the company is protected from further creditor action as long as they abide by the terms.
More information about how a CVA can write off a company’s debtsHow much does a CVA cost?
While there is no fixed cost for a Company Voluntary Arrangement, appropriate fees depend on the individual circumstances surrounding the company. These may include the number of creditors, level of debt, and nature of the business and its assets.
Once company directors have discussed the options available to them via a cost-free consultation with one of our advisors, they may choose to appoint ourselves as the IP overseeing the process. It is at this point, when the arrangement commences, that appropriate costs will apply.
These costs, however, are not additional to your agreed monthly CVA payments, and are instead taken out of this sum before it is divided amongst creditors.
How are CVA fees charged?
During the process of a CVA, your company will make monthly payments to the IP, as agreed in the arrangement terms. It is from this single sum that both IP service payments and creditor repayments are taken. The practitioner will take the appropriate fee applicable to them before dividing the payment amongst company creditors.
What is included in the cost of a CVA?
The fees payable to the insolvency practitioner cover their work in a number of roles. The first of these is the nominee fee, which covers the IPs time negotiating the CVA with creditors. This is usually payable through the first few payments into a CVA, with the fee being agreed by creditors.
Once appointed, the IP becomes the ‘supervisor’ of the CVA for its duration. To cover this role, a supervisor’s fee is calculated on a case-by-case basis. This must also be agreed with creditors and is typically deducted from the company’s monthly payments.
This supervisor’s fee includes:
- The work in preparing a CVA annual report to creditors, as well as conducting six-monthly reviews.
- Reviewing the company’s finances on an annual basis to assess whether contributions can be increased.
- The monitoring of the contributions, reviewing claims and distribution to creditors.
- General monitoring of the CVA’s progress relating to the proposal.
If the agreed monthly payments associated with a CVA are not adhered to, then the supervisor may take further action, pushing your company into compulsory liquidation.
What are the benefits of Company Voluntary Arrangement?
There are numerous benefits to the CVA process, making it a positive choice for companies looking to recover from the effects of unmanageable debt. These include:
- 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
How to apply for a CVA
Impact for Creditors
The CVA is lodged in court and, once approved, provides court protection from creditors’ legal action. However, the proposal would provide a greater return to Creditors than they would receive from alternatives such as Liquidation.
How we can help
If your company is struggling with unmanageable levels of debt, and you would like to explore the possibility of CVA, we can help. It is essential to seek advice as soon as possible if your company is struggling. The free consultation provided by our experienced advisers will give you all the information necessary on the process, associated costs, and your company’s eligibility. To make the first step towards a positive future for your company, get in touch for free advice today.
- Speak with our initial advisers via phone or online chat. If we can help, we will arrange a free consultation with one of our consultants to discuss your situation in more depth.
- During the consultation, we will advise whether a Company Voluntary Arrangement is the most appropriate option or if alternatives are available.
- After your consultation, if there is an appropriate route forward, we will issue the relevant documentation for you to formally engage us.
In summary
Company Voluntary Arrangement (CVA) is a process whereby insolvent companies can organise the monthly repayment of outstanding debt. The procedure is overseen by a licensed insolvency practitioner (IP), such as ourselves, and involves a legally binding arrangement between a company and its creditors. During the CVA process, as long as its requirements are adhered to, the company is protected from further creditor action.
Case Studies
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.
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.
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