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The supervisors duties under a new type
CVA are exactly the same as under an old type CVA.
In overview it is the supervisors duty
to enforce the "contract" made between the company
and it's creditors.
The contract consists of two documents:
- the first is the proposal
document itself which sets out the main matters
- the second document is the chairman's
report of the creditor's meeting at which the proposal document
was considered. In most cases the creditors will resolve
to change the proposal by making "modifications".
These modifications are set out in the chairmans report.
The message is this - if you are
a creditor and wish to put some more discipline into the proposed
arrangement you should do so, by acting with other creditors.
to put "modification resolutions" to the creditors
meeting.
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