Two types of CVA
 
 

Old type CVA - No Moratorium

 

 

New type CVA - With Moratorium

 

Table of differences

 

Administration Order v CVA

 

Case Studies

   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
       

___

___

___

___

New type CVA - With Moratorium - Disclosure Issues

The company has to "disclose" that a moratorium is in existence. This disclosure is comprehensive and includes:

  • the proposal and the nominee's report must be filed with the court (before the moratorium can begin).
  • advertisement in the London Gazette.
  • one advertisement in a local newspaper.
  • notification to the Registrar of Companies.
  • notification to anybody who has issued a winding up petition or to anybody who has instructed bailiffs.
  • advertising in the London Gazette, again, when the moratorium comes to an end.
  • advertising in a local newspaper, again, when the moratorium comes to an end.
  • notifying the Registrar of Companies when the moratorium comes to an end.
  • in the moratorium period every invoice, letterhead, order etc must record that a moratorium is in existence.
  • credit for more than £250 in the moratorium period cannot be taken without disclosure taking place.
  • the proposal and nominees report is circulated to all company creditors.

All these disclosure requirements have the effect of ensuring that the existence of the moratorium becomes known to the business community in which the company operates.