Since the economic downturn began, there have been some well publicised reports of very high profile national and international companies from diverse sectors who have had to enter liquidation, meaning business bankruptcy. However, many business professionals are still not aware that business bankruptcy is not the only legal way to resolve serious financial problems. A business rescue service should assist companies and sole traders facing insolvency by explaining all legally recognised methods to resolve the more serious business problems. Our guide here outlines one of the more popular legal solutions, the Company Voluntary Agreement (the CVA). It will outline why they have been gaining popularity with many UK businesses recently; discuss ten key advantages they can provide; and how to obtain vital professional support to determine whether they might be a suitable option for your business needs.

When Might Companies Want A CVA?

There are quite a number of reasons why more and more businesses have had to cope with some extremely difficult trading conditions in recent times. Multiple adverse effects from the economic downturn have emerged throughout many diverse UK sectors. One example could be recent record levels of personal insolvencies, which could account for some of the less favourable consumer spending patterns witnessed within certain sectors. The international markets have also seen quite a degree of volatility, the effects of which again can easily lead to adverse conditions for sole traders and firms in the UK. Finally, both these problems have arisen at the same time as greater restrictions have been imposed on everyday business lending.

Ten Key Advantages of the CVA:

1. Businesses with financial problems might be able to avoid business bankruptcy by successfully arranging a CVA instead. It functions as a legally binding agreement on the creditors regarding repayment for all or part of the business debts over a known time scale. There are a number of legal steps required, so it won’t be an ‘in-house’ solution but it should be completely manageable if you gain the support of a reputable business rescue service.

2. CVAs are a relatively flexible solution due to the fact they are formulated with vital input from the directors of the distressed company.

3. Sometimes, the way in which a CVA can create vital breathing space through initiating a manageable payment plan will allow the company’s finances to recover. From this perspective, a CVA can present a genuine rescue strategy in that it avoids the finality of a business bankruptcy.

4. A CVA does not attract the stigma that can accompany a declaration of business bankruptcy. It is a relatively more private option since no names must be published in the newspapers. This is has an obvious appeal for those wishing to avoid any negative publicity in order to protect existing and future trading.

5. Once it is agreed, the CVA means that creditors do not have the option to apply for any new legal action against your business.

6. It tends to be a generally recognised solution as far as larger creditors and the business banks are concerned.

7. It should also set into place a manageable repayment plan to address any crown tax arrears.

8. Providing it is properly arranged, a CVA should not be as costly as either business bankruptcy or administration proceedings. Your business rescue service should be able to provide you with comprehensive details of the likely costs involved and how they compare to other solutions.

9. One aspect many firms appreciate it that it avoids their staff and directors having to take the time to comply with a formal investigation into the business accounts. This affords them more valuable time to promote their actual business activities – which is of course especially welcome for those aiming for turnaround.

10. Finally, throughout the procedure, the company’s directors are still able to receive a regular income whilst the company continues to trade.

A CVA is not going to be suitable for every enterprise experiencing financial difficulties. The most important advice here is to always seek expert advice from a business rescue service before committing to any solution. You do need to be certain that it would genuinely present the best option for your business. Should this not be the case, your should expect your advisor to still take the time to discuss the other legal options open to you, to gain the strongest possible outcome for both you as an individual and for your business as a whole.

Author Bio: Jason N. Roth works with the Business Rescue Service, a specialist firm supporting UK companies with all aspects of CVAs as well as all the major legal options such as business bankruptcy.

Category: Business
Keywords: business rescue, business rescue service, business bankrupcty