Company Voluntary Arrangement (CVA) or Creditors Voluntary Liquidation (CVL)?
If a company gets into financial difficulty and becomes insolvent, the directors can apply for a Company Voluntary Arrangement (CVA), through an insolvency practitioner (IP) to continue trading. Unfortunately, it might not be possible to rescue the company, or its recovery looks increasingly unlikely. In this instance, the IP may recommend putting the company through Creditors Voluntary Liquidation (CVL).
It helps to know what your circumstances are before speaking with your IP and deciding on a course of action.
Company Voluntary Arrangements
Company Voluntary Arrangements (CVAs) are used to rescue insolvent companies, allowing them to keep trading while repaying debts to their creditors.
Directors appoint a licensed insolvency practitioner (IP), who creates a proposal to present to the creditors. Once approved, a CVA requires monthly payments towards the debt, which the company must maintain for the arrangement to succeed.
CVAs will have an impact on a company’s credit rating, and if you’re unable to adhere to the payment schedule, the CVA can fail, and you may have to proceed with liquidation.
More information about CVAsCreditors Voluntary Liquidation
Liquidation is a word that strikes fear in many directors. Often considered the last resort in cases of insolvency, liquidation involves an end to trading, closing the company and selling off assets. The company incurs no further debts; creditors will regain some of their investment, and staff are made redundant.
If a company is rejected for a CVA, or a CVA has failed, liquidation may be one of the only options left open to them. Creditors can also force a company into liquidation through a winding-up petition.
The voluntary liquidation process for insolvent companies is Creditors Voluntary Liquidation (CVL). During the process, the IP can investigate the company director(s) conduct before the company became insolvent. The IP can then suggest further action against the director if they find a reason to do so, which can lead to legal action and further ramifications.
More on Creditors Voluntary Liquidation (CVL)CVAs or Liquidation, how do they work?
A CVA can be a useful procedure to relieve pressure from unsecured creditors and allow the company to survive. The arrangement consolidates all your company’s debt repayments into one monthly instalment. This payment goes to your IP, who then distributes it between your creditors. The directors stay in control of the company during the process, which usually lasts five years.
Whether your company is suitable for a CVA depends on its individual circumstances. We can discuss these with you before deciding the best course of action.
Liquidation has several variations for solvent and insolvent companies, each working slightly differently. All forms of liquidation end with the cessation of trading, staff being made redundant, and company assets sold. At the end, the company closes.
Creditors Voluntary Liquidation (CVL), for example, is a voluntary procedure for directors of insolvent companies. The process involves an IP taking control of the company and closing it in an orderly manner. Once the company closes, any remaining debt outside personal guarantees is written off, and the directors can walk away and start a new company should they choose to.
Directors can also be investigated to ensure they have acted in the company’s best interest; both before and during the insolvency. Evidence of wrongdoing can lead to prosecution and director disqualification by the Insolvency Service. If directors have any personal guarantees invested in company assets, they could even find themselves repaying company debts with their own funds.
Additionally, a creditor can force compulsory liquidation on a company through a winding-up petition. Unless stopped, these can force a company to close, giving the directors less control over the process.
When do they work best?
Both procedures have opposing outcomes, so your desired outcome for the company will influence which you choose.
CVAs are designed to rescue companies from the threat of closure. They work best for companies with a viable business structure, which could be profitable without its burdensome unsecured debts. Trading can continue for the arrangement’s duration, which helps reduce the debt and provide a sense of continuity for the company and its customer base. Existing debts have their interest rates frozen, and the IP deals with any creditors for the duration.
More advantages a CVA can offerCVLs are designed to close insolvent companies where the levels of debt make recovery unlikely or unrealistic. A CVL offers more control than if the company were put into compulsory liquidation. Once the insolvent company closes, the directors can move on, or start a new company if they wish to do so.
In summary
A Company Voluntary Arrangement, or CVA, and liquidation are both options for insolvent companies. CVAs are designed for companies who wish to continue trading while keeping the directors in control. They allow the company to write off unaffordable debt, and to pay creditors back. There are several liquidation avenues available depending on your company’s circumstances; Creditors Voluntary Liquidation (CVL) allows directors to liquidate the company if it’s unable to pay its debts, allowing directors to move on. Compulsory liquidation is the least desirable option, usually following a winding-up petition and forcing the company’s closure.
How we can help
If you’re considering applying for a CVA, or liquidation looks increasingly likely, you should speak to us as soon as possible. Our advisors can assess your circumstances, offer free, impartial advice with no obligation, and decide which course of action is best for your company.
Case Studies
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 the 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.
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.
Statestrong Limited
Kelly Burton • Manufacturing • Administration, Creditors Voluntary Liquidation (CVL)
Insolvency experts Wilson Field has helped turnaround the fortunes of a loss-making manufacturing company in Lancashire providing a new future for its 80 employees.
Businessman Russell Blaikie acquired the struggling 40-year-old Statestrong Limited, headquartered in Lytham St Annes, through a pre-pack sale and has been able to help the company immediately utilising his expertise in manufacturing and management.
Arrangements for the purchase of Statestrong’s business and assets were negotiated by Sheffield business specialists Wilson Field who affected the sale shortly after being appointed.
The company, which manufactures and supplies aerosol and liquid products for use in health and beauty, household, automotive and industry globally, posted sales of £12m last financial year, but had suffered pressure from creditors with outstanding arrears.
The total value of the deal is undisclosed but includes the business and the assets of the company based on Boundary Road in Lytham St Annes and Tarporley in Cheshire, which will now trade as Statestrong Products Limited.
Mr Blaikie said:
“Transactions of this nature are sensitive and require careful handling. The team at Wilson Field provided exactly the right professional approach.”
Wilson Field’s insolvency practitioners Kelly Burton and Joanne Wright worked closely with Mr Blaikie along with senior corporate case administrator Gareth Kinneavy.
Kelly Burton, said:
“The company had a wealth of expertise but was straddled with financial liabilities which ultimately made its future questionable. Looking forward, a previously distressed business now has a viable future.”
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