What if a Company Voluntary Arrangement (CVA) is rejected?

A Company Voluntary Arrangement (CVA) is suitable for companies that require a legally binding payment plan. When in place, it allows a company to repay its debts in an affordable manner, helping to secure its future. The arrangement requires approval from 75% of creditors by value, and if they don’t feel they would get an adequate return, they can vote it down. So, what if your CVA proposal is rejected?

More information on Company Voluntary Arrangements

Why would a CVA be rejected?

Although many CVAs are approved, creditors may want a higher return than what the CVA offers. They could dislike some of the CVA’s terms; they might have an issue with debt being written off, or be unconvinced that the company will adhere to the repayment plan, as they may have defaulted on informal repayment plans in the past. Failing to convince creditors the CVA is the best course of action would result in it being rejected.

Even if a large number of the creditors agree to the CVA, if the proposal doesn’t receive approval from 75% of creditors by value, it will be rejected.

Advantages and disadvantages of a CVA

cva is rejected

What are my options if my CVA is rejected?

Although the rejection of a CVA proposal isn’t the desired outcome, it doesn’t automatically mean the company will cease to be. However, it does mean the company will have to pursue further insolvency options. If this happens, the route you take will ultimately depend on the outcome you desire, and what returns the best result to creditors.

Company recovery

CVAs aren’t always suitable for a company, and this could be for several reasons: either the debt may be too severe for the CVA to be viable, or the business could benefit from more extensive restructuring. Whatever the situation, you can explore alternative arrangements to allow the company to recover.

Company administration

Administration is an option for companies with lots of assets that can be used to raise funds to enable a period of trade to either try to resolve the company’s issues or sell the business or assets. In an administration, a licensed insolvency practitioner (IP) will take control of the company, and your responsibilities as a director will cease.

More information on administration

Pre-pack administration

Pre-pack administration follows the same concept as company administration, but pre-packing the sale of assets signifies that you wish to repurchase your assets to restart the business as a new company. Doing this is legal, as long as the purchase is fair and transparent, and your offer represents the best outcome to creditors.

More on pre-pack administration

Due to previous abuse of pre-pack administration, it can only go ahead if it delivers the best outcome for company creditors.

Company closure

Sometimes a company’s debt or pressure from its creditors can be so severe that continuing isn’t feasible. In that case, the company may be better off closing than trying to carry on trading.

Creditors’ Voluntary Liquidation (CVL)

Creditors’ Voluntary Liquidation (CVL) is for directors who don’t wish to take their company further and would rather wind it up and close it. An IP will realise and liquidate the assets, with the company’s remaining unsecured debts written off. Employees will be made redundant during this procedure. Although directors are allowed to start a new company afterwards, there are limits on the use of trading styles. The liquidator is obliged to prepare a report on the conduct of the directors leading up to the liquidation.

More information on Creditors’ Voluntary Liquidation

Pre-pack liquidation

If your core business has the potential to be profitable without its burdensome debts, you can explore a pre-pack liquidation. Similar to a pre-pack administration, the assets are sold to a new company – ‘newco’ starts trading, and the old company is liquidated. Assets, premises and staff can be transferred to the new company, which can continue without the old company’s debts. Creditors may see more of a return than if the company went into compulsory liquidation.

More information on pre-pack liquidation

In summary

Although a CVA is a viable course of action for many companies looking to repay their liabilities at an affordable rate, it requires approval from creditors before it can go through. Creditors can reject a CVA if they don’t agree with the terms, aren’t convinced you’ll be able to complete the payments, or if a high enough percentage of creditors don’t approve it. Once a CVA’s rejected, the company should pursue other insolvency procedures to avoid a winding-up petition and compulsory liquidation. Avenues open to you depend on your circumstances; these could include restructuring through company administration, pre-pack administration or voluntarily winding up through a CVL.

How we can help

If your company is insolvent and is considering a CVA, contact us as soon as possible. Our team can offer you advice on your current situation and help you understand the CVA application process. If we feel a CVA would be appropriate for your company and provide the best return, we can put together a proposal for your creditors. If a CVA is rejected or has failed, we can advise you which alternative insolvency procedures would be most beneficial.

Case Studies

Authored by Kelly Burton

Consortia Service Group

Kelly Burton • Service Agency • Pre-Pack Administration

A Cardiff security specialist has been bought out of administration saving all 44 jobs.

Zenith Security Specialists Limited was set up in 2009 providing manned CCTV security systems to national and private firms, local authorities and small businesses.

Trading as Consortia Service Group, the company was based at Cardiff Bay Business Centre and was taken over in January 2015 by director Ozma Nasir with a view to expanding the business.

Administrators Kelly Burton and Joanne Wright from Sheffield business turnaround experts Wilson Field were appointed joint administrators on 17 May after the company faced mounting pressure from HMRC in respect of PAYE and VAT arrears.

Miss Masir took advice from Wilson Field and the business was sold in a pre-pack administration to Consortia Services Group Limited as a going concern saving all 44 employees’ jobs.

Kelly Burton from Wilson Field said:

“Unfortunately, a number of the inherited on-going contracts were unprofitable. Despite attempts, the company did not have sufficient time to turnaround the business and was struggling to service both its on-going overheads and significant HMRC liabilities.

“Attempts were made to source further additional funding proved impossible and so the decision was taken to enter administration.

“Following discussions with the director, the business was sold as a going concern, safeguarding all 44 employees’ jobs and offering a better return for the company’s creditors than alternative options.

“The new company will be under the same management offering the same standards of service to its customers.”

Authored by Kelly Burton

ET Rowlands & Sons

Kelly Burton • Automotive • Administration

Assets from the well-known Telford road haulage contractor ET Rowlands & Sons, which has closed after nearly 60 years in business, are to be sold by auction online.

The firm, known for its striking red livery on its vehicles, provided road transport solutions for UK and continental Europe and operated a modern mixed fleet of rigid vehicles, tractor units and trailers.

Last week’s closure of the company, set up in 1958 by 87-year-old current director Mary Rowland’s father,  saw all 28 jobs made redundant after the company lost a major contract and potential hopes for a pre-pack sale were dashed.

Kelly Burton - Director & Licensed Insolvency Practitioner

Kelly Burton and Lisa Hogg from Yorkshire-based insolvency specialists Wilson Field were appointed joint administrators of ET Rowlands and Sons on 13 June at a meeting of members and creditors.

Wilson Field has instructed valuers and asset management consultants Charterfields to dispose of the assets of the company, which operated a warehouse facility in Telford.

Vehicles and other items up for sale include a fleet of 14 tractor units, seven rigid and flat HGVs by Scania, DAF and MAN, 14 curtainside and three flat back trailers, personalised numberplates including P7 ETR, P12 ETR, R4 ETR, S7 ETR, T2 ETR, V2 ETR, and 6 ETR, plant and office furniture. Other vehicles include a Vauxhall Movano 3.5T Dropside and Ford Transit T350 Panel Van.

Kelly Burton, director and insolvency practitioner at Wilson Field, said: “ET Rowlands & Sons was a well-established family-run business that experienced loss of a major contract.

“The director came to Wilson Field for advice but regrettably the company entered administration and has been closed. As a consequence all 28 jobs have been lost. It is always sad to see a long-standing company go out of business with the loss of jobs.”

The online auction is now open and closes Tuesday July 4 from 12 noon. For further details visit www.charterfields.com

Authored by Kelly Burton

Derwent Castings Limited

Kelly Burton • Metals • Creditors' Voluntary Liquidation (CVL)

Unsecured creditors owed money by a Derbyshire manufacturing company which went into liquidation are to receive a higher-than-expected dividend of 60p in the pound.

A total in excess of £128,000 is due to be distributed to unsecured creditors of Whatstandwell-based Derwent Castings Limited, whose claims totalled over £192,000.

The company, whose roots date back to the 1940s, had traded profitably for a number of years but in late 2013 / early 2014 saw the cancellation of its largest sales contract which represented 70 per cent of its turnover.

Bosses at the company, which employed 16 staff including three directors, struggled to attract replacement business and had to drop prices. Further business was lost as a result of foreign competition.

Sheffield’s insolvency specialist Wilson Field was called in as liquidator and worked with the creditors’ committee of Derwent Castings Limited to secure the positive dividend.

Andy Wood, associate director and insolvency practitioner at Wilson Field said:

“Dividends for insolvent companies are generally low, or nothing, for a variety of reasons – cost of staff redundancies, difficulty collecting outstanding invoices, selling assets in a forced sale situation, selling specialist assets which have limited appeal to purchasers, deteriorating or perishable assets, as well as other costs involved.

“However, thanks to a very positive relationship with the creditors committee, I am delighted to return a healthy dividend to the unsecured creditors in the region of 60p in the pound.

“The supply chain is often greatly affected by a liquidation and in this case we have been able to help creditors.”

Derwent Castings Limited was incorporated in August 2002 and specialised in iron casting from the five-acre Derwent Foundry site at Whatstandwell near Matlock.

However, the iron founding operation at Derwent Foundry was first introduced back in 1946 by Wragg & Hawksley which produced cast iron pipes for the water industry.

In 1950 the foundry was acquired by WH Davis & Sons Ltd to supply castings for their railway wagon building business. Following a management buy out in 1984, the company was renamed Derwent Foundry Ltd and following its closure in July 2002, was bought by its present owners and renamed Derwent Castings Ltd.

Amongst jobs carried out on site were moulding using loose pattern and modern air setting (boxless) sand systems; metals work using the latest in electric induction melting producing a wide range of grey, SG and alloy irons; an independent Namas approved test laboratory, finishing, pattern making and machining facilities.

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