Company Voluntary Arrangement Frequently Asked Questions

• Who can put forward a Company Voluntary Arrangement (CVA)?
• What do the directors need to show?
• What makes a CVA viable?
• What is the voting system?
• What affect will it have on the bank?
• What affect will it have on HMRC?
• The circumstances of the company have changed and amendments are required to the CVA. What do I do?
• Should we continue trading whilst the CVA proposal is being considered?
• Do we need to involve our employees?
• What will happen to all my Personal Guarantees if a CVA is proposed?

Who can put forward a Company Voluntary Arrangement (CVA)?

It is often directors of a company that instigate a CVA.

What do the directors need to show?
Directors will need to put forward information relating to the company. This will include an overview of the company, the problems the company started to encounter and its affects on the business. You will also need to provide an indication of how you believe you will be able to overcome these problems.
In addition, you will also need to acquire a cash flow forecast highlighting the profit and loss details.
If your company has been subjected to any form of legal proceedings it is imperative that you inform us.

What makes a CVA viable?
In order for a CVA to be effective there are some fundamental elements that will be considered:

• whether the company will be able to return to its usual turnover and profitability;
• whether the problems the business faced have been rectified;
• whether the management team of the company have made changes or willing to make necessary changes;
• whether there has been any capital injected into the business and any further proposals to inject any capital;
• whether VAT and Tax returns will be submitted;

whether the proposal under the CVA will be affordable to the company along with future liabilities as and when they fall due.

What is the voting system?
Creditors will be able to vote for the CVA to be approved. Creditors can vote in person or otherwise by proxy. There will need to be creditor approval of at least 75% to allow for the proposal to be accepted.
What affect will it have on the bank?
As banks are commonly one of the secured creditors, they are not legally bound under the terms of the CVA. It is important to negotiate with your bank and gain their co-operation, particularly if you have an overdraft facility with them that you are reliant upon.
What affect will it have on HMRC?
HMRC have the role of ensuring that their conditions are incorporated into the CVA should it be accepted. however, if there has been problems with tax payments with HMRC they will be less willing to support the proposal.

The circumstances of the company have changed and amendments are required to the CVA. What do I do?
You will need to meet with the creditors and put forward your changed circumstances. If the creditors are agreeable to the required amendments (with 75% vote), the terms of the CVA can be changed forthwith.
Should we continue trading whilst the CVA proposal is being considered?
In order to maximize the interests of the creditors’ you should continue to trade.
Do we need to involve our employees?
We recommend that you inform your employees when necessary as they will need to assist you in executing your management plans.
What will happen to all my Personal Guarantees if a CVA is proposed?

Personal guarantees will not be removed prior to the repayment of the outstanding debt but once cleared the personal guarantee can be removed.