Company Voluntary Arrangement And Administration

 

Feeling the weight of financial uncertainty? It’s a tough spot to be in, but you’re not alone. When it comes to navigating choppy waters like insolvency, understanding your options is key. That’s where we come in. At Blackstone Solicitors, we’re here to guide you through the ins and outs of Company Voluntary Arrangement (CVA) and administration. Let’s dive in together:

Free Initial Telephone Discussion

For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of a CVA and administration, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

  1. Company Voluntary Arrangement (CVA): A Lifeline for Struggling Businesses

When your business is facing financial difficulties, a CVA can offer a ray of hope. Here’s what you need to know:

What is a CVA?

A CVA is a formal agreement between your company and its creditors to repay debts over a fixed period while allowing your business to continue trading. It’s like hitting the reset button on your finances, giving you a chance to restructure debt and get back on track.

How Does a CVA Work?

  • Assessment: Assess your company’s financial situation and determine if a CVA is the right option.
  • Proposal: Draft a proposal outlining how you plan to repay creditors, then present it to them for approval.
  • Creditors’ Meeting: Your creditors will vote on whether to accept the CVA proposal.
  • Implementation: If the majority of creditors agree, the CVA becomes legally binding, and you’ll work with an insolvency practitioner to implement the terms.
  • Monitoring: Keep track of your progress and make regular payments to creditors as outlined in the agreement.

Benefits of a CVA:

  • Avoiding Liquidation: Keep your business afloat while repaying debts.
  • Reduced Debt Burden: Negotiate more favourable repayment terms with creditors.
  • Preserved Control: Remain in control of your business during the process.
  • Improved Credit Rating: Demonstrate your commitment to repaying debts and potentially improve your credit rating over time.
  1. Administration: When Restructuring Isn’t Enough

Sometimes, a CVA isn’t enough to save a sinking ship. That’s where administration comes into play:

What is Administration? Administration is an insolvency procedure designed to rescue or sell a struggling company. It’s like pressing pause on your business while you figure out the next steps.

How Does Administration Work?

  • Appointment: An administrator is appointed to take control of your company’s affairs.
  • Assessment: The administrator assesses your company’s financial situation and explores options for restructuring or selling the business.
  • Decision Making: The administrator makes decisions on behalf of the company, with the goal of maximising returns for creditors.
  • Implementation: If restructuring isn’t feasible, the administrator may sell the business or its assets to repay creditors.
  • Exit: Once the administration process is complete, your company may exit administration or be placed into liquidation.

Benefits of Administration:

  • Breathing Room: Administration provides a temporary reprieve from creditor pressure, giving you time to explore options for restructuring or selling the business.
  • Maximising Returns: The administrator’s role is to maximise returns for creditors, which may involve selling the business as a going concern or realising the value of its assets.
  1. Choosing Between CVA and Administration

Deciding between a CVA and administration can be a tough call. Here are some factors to consider:

  • Financial Viability:
  • CVA: If your business is viable in the long term and can generate enough income to repay debts under a restructuring plan, a CVA may be the way to go.
  • Administration: If your business is no longer viable or restructuring isn’t feasible, administration may be necessary to maximise returns for creditors.

Control:

  • CVA: You retain control of your business during a CVA, working with creditors to reach a mutually beneficial agreement.
  • Administration: An administrator takes control of your business during administration, with the goal of maximising returns for creditors.

Legal and Financial Implications:

CVA: While a CVA can improve your company’s financial position over time, it may impact your credit rating in the short term.

Administration: Administration may result in the sale or closure of your business, with potential implications for employees, shareholders, and creditors.

Wrapping Up

Facing financial challenges is never easy, but with the right guidance and support, you can chart a course to brighter shores, whether it’s through a CVA, administration, or another solution.

How we can help

We have a proven track record of helping clients deal with the legal process involved with a CVA and administration. We will guide you diligently and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of corporate services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/corporate-legal-services/

How to Contact Our Corporate Solicitors

It is important for you to be well informed about the issues and possible implications of a CVA and administration. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.

To speak to our Corporate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.

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