|
When a company cannot meet its
debts when they fall due, a CVA may be the best option available
to that company.
The purpose of a CVA is to make
a 'deal' with the creditors to avoid them taking any further
action against the company which would result in a liquidation.
A proposal is drawn up by the directors
with the help of an insolvency practitioner and forwarded
to all creditors.
The law sets out a minimum level
of information that must be contained in the proposal.
The index on the left hand side of this
page shows that there are two distinct types of CVA
- The first type of CVA on this
site we call an "old CVA", was introduced into
law by the Insolvency Act 1986 - and this type of CVA will
continue into the future alongside the "new CVA".
- The second type of CVA gives
directors powerful options when their company is under stress.
This type of CVA was introduced into law by the Insolvency
Act 2000. - but only becamse available to be used as and
from the 1st January 2003. This new type of CVA gives the
company the benefit of a "moratorium" during which
time the creditors cannot take enforcement action against
the company. This breathing space period allows the directors
time to formulate a way forward which will hopefully provide
a better result for the creditors, employee's and stakeholders.
|